Thomas And Company Pvt Limited vs Thapar Builders Pvt Limited
- CitationCompany Appeal (AT) (Insolvency) No.1600 of 2023
Ratio decidendi
The rule this decision rests on
Under the Insolvency and Bankruptcy Code, 2016, the limitation period for an appeal against an order runs from the date on which the order is pronounced, not from the date on which it is uploaded to the website. Under Section 61(2) of the Insolvency and Bankruptcy Code, 2016, the Appellate Tribunal's power to condone delay in filing an appeal is confined to a further period of fifteen days beyond the prescribed period; where the delay exceeds that fifteen-day window, the Tribunal has no jurisdiction to condone it and must reject the appeal.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
Thomas and Company Pvt. Ltd. ...Appellants
Versus
Thapar Builders Pvt. Ltd. ...Respondent
Present: For Appellants: Mr. Gursath Singh, Advocate. For Respondent: Mr. Pankaj Kumar Singh and Mr. Ben Daniel Mathew, Advocates.
ORDER
19.12.2023: I.A. No. 5776 of 2023: This is an application praying for
condonation of delay. Order was passed on 18.05.2023 and this appeal has
been filed on 06.07.2023 i.e. there is delay of 19 days after expiry of limitation.
2. Learned counsel for the Appellant submits that the delay in filing the
Appeal is only 11 days since the order was uploaded on 26.05.2023, hence,
the limitation shall commence from uploading of the order.
3. The submission of learned counsel for the Appellant cannot be accepted.
It is well settled by the Hon'ble Supreme Court in "V. Nagarajan vs. SKS
Ispat and Power Limited & Ors., (2022) 2 SCC 244" that limitation shall
commence from the date order is pronounced. We, thus are of the view that
delay in filing the Appeal is more than 15 days after expiry of limitation and it
is beyond our jurisdiction to condone delay since jurisdiction of this Tribunal
Cont'd.../ -2-
is limited to only 15 days under Section 61(2) proviso. We, thus, are unable
to condone the delay. Delay Condonation Application is dismissed. In result,
Memo of Appeal is rejected.
[Justice Ashok Bhushan] Chairperson
[Barun Mitra] Member (Technical)
[Arun Baroka] Member (Technical) Archana/nn
Company Appeal (AT) (Insolvency) No.1600 of 2023
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