2019 (3) TMI 1864 - AT - Insolvency and Bankruptcy

Maintainability of appeal - time limitation - appellant seeks condonation of 3 days' delay in filing the instant appeal on account of illness being of old age rendering him unable to undertake journey to Delhi for preferring the appeal - HELD THAT - On perusal of the impugned order it is found that the certified copy of the order was prepared on 25.9.2018 while the order had been pronounced on 20th September, 2018. Period of 30 days has been prescribed for filing the appeal in terms of Section 61(2) of the Insolvency and Bankruptcy Code, 2016 which is extendable by 15 days. Admittedly 45 days had already expired by the time when the instant appeal was filed on 16.11.2018. That being the factual position, this Appellate Tribunal not having jurisdiction to condone the delay beyond 45 days, the appeal is liable to be dismissed on this ground alone. Appeal dismissed.

Summary

The appeal was dismissed by the National Company Law Appellate Tribunal, New Delhi due to being filed beyond the prescribed time limit of 45 days under the Insolvency and Bankruptcy Code, 2016. The request for condonation of a 3-day delay was rejected. The appeal was dismissed on this ground.