Transrail Logistics Limited vs Ajay Joshi Resolution Professional For ...
- CitationCompany Appeal (AT) (Insolvency) No. 1135 of 2023
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
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