Union Bank Of India vs Sh.Abhay Narayan Manudhane & Ors
- CitationComp. App. (AT) (Ins) No. 1167 of 2022
Ratio decidendi
The rule this decision rests on
The Appellate Tribunal's power to condone delay in filing an appeal under the Insolvency and Bankruptcy Code is limited to a further period of 15 days beyond the 45-day limitation period, and no condonation is available beyond that outer limit. Receipt of a free-of-cost copy of the impugned order after the expiry of the 45-day period does not extend or restart the limitation period for filing an appeal. Limitation for an appeal runs from the date of pronouncement of the impugned order, not from the date on which the appellant received information of it or obtained a copy of it.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
Union Bank of India ....Appellant Vs.
Sh. Abhay Narayan Manudhane & Ors. ...Respondents For Appellant: Mr. Manish Shanker Srivastava, Advocate. For Respondents: Mr. Uday Bedi, Advocate for R3.
ORDER
07.11.2022: I.A. No. 3518 of 2022:- This is an Application for
Condonation of Delay. The order impugned was passed by the Adjudicating
Authority on 18.07.2022. This Appeal has been filed by the Appellant on
05.09.2022.
2. Learned Counsel for the Appellant submits that he received information
from the Resolution Professional on 29.07.2022 and thereafter the Appeal has
been filed. Along with the Additional Affidavit, a photocopy of the certified true
copy has also been brought on the record which was issued to the Appellant
on 17.08.2022. The certified copy which has been filed is a "free of cost" copy
and not the certified copy applied under the Rule. The time for filing the Appeal
started running w.e.f. 18.07.2022 when the order was passed.
3. The Appeal having been filed on 05.09.2022, it has been filed beyond 45
days. The power to condone the delay conferred on this Tribunal is only of 15
days under Section 61(2) proviso.
2
4. Learned Counsel for the Appellant submits that free of cost copy was
received on 27.08.2022, hence, limitation to be computed from the said date.
5. We are of the view that receipt of the free of cost copy on 27.08.2022
shall not give any benefit of extension of the period of limitation when the
Appeal was filed after 45 days. The delay being more than 15 days, we are
unable to condone the delay in filing the Appeal.
6. The next submission of the Learned Counsel for the Appellant is that
limitation shall start from 29.07.2022 when he got information from the
Resolution Professional. It shall also not be acceptable in view of the judgment
of the Hon'ble Supreme Court in "V. Nagarajan v. SKS Ispat & Power Ltd.
& Ors.- (2022) 2 SCC 244" that limitation shall start running from the date
of pronouncement of impugned order.
7. The application for condonation of delay is dismissed. Consequently, the
memo of appeal is rejected.
[Justice Ashok Bhushan] Chairperson
[Barun Mitra] Member (Technical) Anjali/nn
Comp. App. (AT) (Ins) No. 1167 of 2022 & I.A. No. 3518 of 2022
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