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Thomas And Company Pvt Limited vs Thapar Builders Pvt Limited

National Company Law Appellate Tribunal19 December 2023Ashok Bhushan

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

NATIONAL COMPANY LAW APPELLATE TRIBUNALPRINCIPAL BENCH, NEW DELHICompany Appeal (AT) (Insolvency) No.1600 of 2023& I.A. No. 5776,5720 of 2023IN THE MATTER OF:

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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