Anish Lawrence vs. Renahan Vamakesan - (NATIONAL COMPANY LAW APPELLATE TRIBUNAL) (01 Nov 2023)

Delay beyond 15 days cannot be condoned in any manner

MANU/NL/0901/2023

Insolvency

Present appeal is filed along with an application seeking condonation of delay of 15 days in filing of the appeal. The impugned order was passed on 23rd June, 2023. As per the averment made in the application, the Appellant received the free certified copy of the impugned order of the Tribunal on 26th June, 2023. However, the appeal has been filed on 11th August, 2023 exactly on the last day of limitation i.e. 15th day.

Section 61 of the Insolvency and Bankruptcy Code, 2016 (IBC) provides the right to file an appeal against the order of the Adjudicating Authority. Whereas, Section 61 (2) prescribes the period of 30 days to file such appeal. However, in case the period of 30 days expires and the appeal is not filed, proviso to Section 61(2) further opens a window of 15 days for such an appellant to file the appeal but by seeking condonation of delay after assigning sufficient cause for causing such a delay. The appeal has been filed exactly on 45th day i.e. 30+15 days by calculating the period of limitation from 26th June, 2023 otherwise if the period of limitation is counted from 23rd June, 2023, then it shall be deemed to have been filed on 48th day.

In the case of 'National Spot Exchange vs. Mr. Anil Kohli RP for Dunar Foods Limited,' the Supreme Court has held that, delay beyond 15 days cannot be condoned in any manner as the Appellate Authority does not enjoy such jurisdiction. It is not a sufficient cause for the purposes of seeking condonation of delay because theAappellant could have easily approached the Appellate Tribunal within the period of 30 days as the appeals are filed through e-filing.In such circumstances, the reasons assigned in the application for condonation of delay is not acceptable. Application dismissed.

Tags : DELAY CONDONATION ENTITLEMENT