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Union Of India vs Vijaykumar V.Iyer The Interim ...

National Company Law Appellate Tribunal4 March 2020

Interim / procedural order — not a final adjudication. Do not cite as a holding.

Ratio decidendi

The rule this decision rests on

The period of appeal under Section 61 of the Insolvency and Bankruptcy Code, 2016 is 30 days, and the Appellate Tribunal may condone delay for reasonable cause only up to a further 15 days. An appeal presented beyond that outer limit is time barred, and the Tribunal has no jurisdiction to entertain it.

Written by Miss Lucy from the judgment below, not taken from a headnote.

Judgment

As delivered

NATIONAL COMPANY LAW APPELLATE TRIBUNAL, NEW DELHI

Company Appeal (AT) (Insolvency)No. 378 of 2020 [Arising out of Order dated 27.11.2019 passed by the Adjudicating Authority (National Company Law Tribunal) Mumbai Bench, Mumbai in MA-337/2018 in C.P.(IB)-298/(MB)/2018 & MA-336/2018 in C.P.(IB)-302/(MB)/2018]

IN THE MATTER OF: Union of India Through, The Secretary, Department of Telecommunication, Sanchar Bhawan, 20, Ashoka Road, New Delhi - 110001. .....Appellant Vs. Vijaykumar V.Iyer The Interim Resolution Professional of Aircel Ltd. Deloitte Touche Tohmatsu India LLP, Indiabulls Finance Centre, Tower-3, 27th Floor, Senapati Bapat Marg, Elphinstone Road (West), Mumbai 400013. ......Respondent Present : For Appellant: Though present but not marked attendance

For Respondents: Mr. Abhinav Vasisht, Sr. Advocate with Mr. Sumesh Dhawan, Ms. Nisha, Mr. Vaijayant Paliwal, Ms. Charu Bansal, Advocates Mr. Harish Vaidyanathan Shankar, Advocate

O R D E R

04.03.2020 - Heard Learned Counsel for Appellant. Learned Counsel states

that very important question is raised as to whether or not licence to run telecom

....contd.

2

business and spectrum of which right to use has been granted, can be subject

to Moratorium in Insolvency proceedings.

2. Unfortunately, this appeal is time barred if provisions of Section 61 of the

Insolvency & Bankruptcy Code, 2016 ('I&B' Code, for short) are seen. Under the

provision, period of appeal is of 30 days and the delay which can be condoned

for reasonable cause by this Tribunal is only 15 days. We have seen the IA No.

997/2020 filed by the Appellant. Admittedly, the Impugned Order was passed

on 27.11.2019 in Misc. applications in which Union of India was Respondent.

3. Learned Counsel for the Appellant says that free certified copy of the

impugned order was received on 20.12.19. This appeal was presented on

20.2.2020. Even giving the longest rope, if we calculate the period from

20.12.19, the appeal is presented consuming 61 days. This being so, the appeal

is time barred and for want of jurisdiction, we cannot entertain the appeal.

The appeal is dismissed as time barred. No costs.

[Justice A.I.S. Cheema] Member (Judicial)

[Justice Anant Bijay Singh] Member (Judicial)

[Kanthi Narahari] Member (Technical)

ss/m Company Appeal (AT) (Insolvency)No. 378 of 2020

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