Miss Lucy
← All judgments

Transrail Logistics Limited vs Ajay Joshi Resolution Professional For ...

National Company Law Appellate Tribunal11 September 2023Ashok Bhushan

Ratio decidendi

The rule this decision rests on

The NCLAT's jurisdiction to condone delay in filing an appeal under the Insolvency and Bankruptcy Code is confined by the statutory proviso to Section 61(2) to a further period of 15 days beyond the prescribed limitation period, and the Tribunal has no power to condone a delay exceeding that outer limit, even where the appellant attributes the delay to the non-supply of documents by the Resolution Professional.

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. 1135 of 2023&I.A. No. 3950 of 2023IN THE MATTER OF:

Transrail Logistics Ltd. ...Appellant

Versus

Ajay Joshi ...Respondents

Present: For Appellant: Sh. Manu Beri, Mr. Utkarsh Kulvi, Advocates For Respondent: Ms. Anannya Ghosh, Ms. Mrinalini Mishra, Ms. Doel Bose, Advocates

ORDER

11.09.2023: I.A. No. 3950 of 2023. This is an application for condonation

of delay of 76 days in filing of the Appeal.

2. The Order impugned was passed on 13th April, 2023 by the Adjudicating

Authority and the Appeal has been e-filed on 28th July, 2023. In the delay

condonation application, following prayers have been made:

"a) Condone the delay of 76 days if calculated from the date of order

and delay of 60 days in filing the Appeal calculated from the date of

knowledge i.e. 27.04.2023 when the RP informed the Appellant through

his email dated 27.04.2023 and take on record the Appeal of the

Appellant.

b) Pass any such further order(s) that the Hon'ble Appellate Tribunal

may deem fit."

-2-

3. Learned counsel for the Appellant submits that Appellant has been

writing to Resolution Professional about certain documents which were not

provided hence the delay was caused.

4. Our jurisdiction to condone the delay is limited to only 15 days as per

Section 61(2) proviso. According to own case of the Appellant, the Appeal has

been filed beyond 15 days after expiry of the limitation.

5. Thus, we are unable to condone the delay. Delay Condonation

Application (I.A. No. 3950 of 2023) is dismissed. Consequently, the Memo of

Appeal is rejected.

[Justice Ashok Bhushan] Chairperson

[Mr. Barun Mitra] Member (Technical)

Basant/nn

Company Appeal (AT) (Insolvency) No.1135/2023

This page reproduces a public judgment and a summary of it. It is research material, not legal advice, and it is no substitute for advice from an advocate on your own facts.

Research this judgment with Miss Lucy

Ask what it holds, what has followed it, and what it means for your matter — in plain English, with the citations.

Try Miss Lucy free