Diwakar Sharma vs. Anand Sonbhadra - (NATIONAL COMPANY LAW APPELLATE TRIBUNAL) (28 Mar 2023)

Delay beyond extended period of 15 days in preferring the appeal is uncondonable, the same cannot be condoned even in exercise of powers under Article 142 of the Constitution

MANU/NL/0311/2023

Insolvency

Present appeal is against the order which has been filed alongwith an application in which the Appellant/Applicant has prayed for condonation of delay for four days in filing of the appeal.

It is submitted that since the Appellant was not before the Court at the time of pronouncement of order, therefore, he had no knowledge about the impugned order which was conveyed to him by the RP, therefore, the limitation for filing of the appeal should be counted from the date of knowledge. The issue in present case is as to whether the delay caused in filing of the appeal much beyond the period of 45 days can be condoned by this Tribunal?

Section 61(1) of IBC provides for a right of appeal to an aggrieved person. Section 61(2) provides a period of limitation 30 days for preferring an appeal in terms of Section 61(1) before the Appellate Authority. Section 61(2) proviso provides another period of 15 days which can be extended in case the Appellant satisfies the Appellate Authority about the existence of a sufficient cause for not filing the appeal in time. There is no further provision in the Code for looking into the aspect of condonation of delay beyond the period of 15 days much less 45 days.

In the case of National Spot Exchange Limited, the Hon'ble Supreme Court has held that, considering the statutory provisions which provide that, delay beyond 15 days in preferring the appeal is uncondonable, the same cannot be condoned even in exercise of powers under Article 142 of the Constitution."

There is no scope for condonation of delay beyond the period of 15 days much less 45 days as there is no window available for this Tribunal to exercise its jurisdiction for condonation of delay. There is no merit in the present application and the same is dismissed.

Tags : TIME PERIOD DELAY CONDONATION