Vaishali Bharat Khara & Ors vs Mr. Premraj Ramratan Laddha & Ors

National Company Law Appellate Tribunal2 August 2023Ashok Bhushan

CitationCompany Appeal (AT) (Insolvency) No. 987 of 2023

Ratio decidendi

The rule this decision rests on

The period within which an appeal against an order of the Adjudicating Authority under the Insolvency and Bankruptcy Code must be filed may be extended by the Appellate Tribunal only to the extent of the statutory maximum extension of fifteen days beyond the prescribed limitation period; the Tribunal has no power to condone a delay exceeding that outer limit, and where the delay is 174 days the application for condonation must be dismissed and the appeal rejected as time-barred.

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. 987 of 2023&I.A. No. 3367 of 2023IN THE MATTER OF:

Vaishali Bharat Khara & Ors. ...Appellant

Versus

Premraj Ramratan Laddha & Ors. ...Respondents

Present: For Appellant: Mr. Jay Prakash Somani, Mrs. Shobha Somani, Mr. Siddharth S. Chapal Gaonkar, Mr. Manoj Kumar C., Ms. Shisba Chawla, Mr. Nishant Verma, Mr. Rajnish Kumar, Advocates For Respondent: Mr. Atul Sharma, Mr. Shivanshu Kumar, Advocates for R-1

ORDER

02.08.2023: This is an Application bearing I.A. No. 3367 of 2023 filed

for condonation of delay in filing the Appeal.

2. The Order impugned was passed on 21st December, 2022 and the

Appeal has been e-filed on 13th July, 2023 with delay of 174 days.

3. Learned Counsel for the Appellant submits that Appellant was not part

of the proceeding and was not aware of the Order. Order has been passed by

the Adjudicating Authority for liquidation on an Application filed by the

Resolution Professional. The Order of Liquidation could have been challenged

within the limitation as prescribed under Section 61 of the Code. Our -2-

jurisdiction to condone the delay is of 15 days only and we thus are unable to

condone the delay of 174 days in filing the Appeal.

4. Delay Condonation Application is dismissed. Memo of Appeal is rejected.

[Justice Ashok Bhushan] Chairperson

[Mr. Barun Mitra] Member (Technical)

Basant/nn

Company Appeal (AT) (Insolvency) No. 987/2023

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