Uttarakhand Power Corporation Limited vs Mogli Labs India Pvt. Ltd
- CitationCompany Appeal (AT) (Insolvency) No. 136 of 2025
Ratio decidendi
The rule this decision rests on
The limitation for an appeal against an order under the Insolvency and Bankruptcy Code commences from the date the order is pronounced, and the appellant's later acquisition of knowledge of that order does not postpone its commencement. The Appellate Tribunal's power to condone delay in filing such an appeal is confined to the outer limit of fifteen days beyond the prescribed period, as provided in the proviso to Section 61(2); an application seeking condonation of a longer delay therefore cannot be entertained, and the appeal, being filed beyond that limit, is liable to be rejected.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
IN THE MATTER OF: Uttarakhand Power Corporation Ltd. Through Its Executive Engineer ...Appellant Versus Mogli Labs (India) Pvt. Ltd & Ors. ...Respondents
Present: For Appellant : Ms. Sonam Anand, Mr. Yakesh Anand and Mr. Akshay Thakur, Advocates.
For Respondents : Mr. Vinod Chaurasia, Advocate.
ORDER
(Hybrid Mode)
20.02.2025 : I.A. No. 568/2025
1. This is an Application praying for condonation of 114 days delay in filing
of the Appeal.
2. The Order impugned was passed on 06.08.2024 and this Appeal has
been e-filed on 28.12.2024.
3. Learned Counsel for the Appellant submits that the Appellant was
intimidated about the Order subsequently by the new Management and the
copy of the Resolution Plan was never served.
4. Be that as it may, the limitation of filing the Appeal commenced when
the Order was pronounced on 06.08.2024. The fact that Appellant
subsequently came to know about the Order cannot be a ground for
condoning 114 days delay in filing of the Appeal.
5. Our jurisdiction to condone the delay is only limited to 15 days as per
Section 61(2) proviso.
The delay condonation Application cannot be allowed and consequently
dismissed and Memo of Appeal is also rejected.
[Justice Ashok Bhushan] Chairperson
[Barun Mitra] Member (Technical)
[Arun Baroka] Member (Technical) himanshu/nn
Comp. App. (AT) (Ins.) No. 136 of 2025 & I.A. No. 568 of 2025 2 of 2
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