2020 (1) TMI 1538 - AT - Insolvency and Bankruptcy

Time limit for filing appeal - HELD THAT - The appeal has been filed within the time i.e. 30 days from the date of receipt of the certified copy of the impugned order. Let notice be issued on the Respondents by Speed Post. Requisites along with process fee be filed by 10th January, 2020.

Summary

Issues Involved:
1. Timeliness of filing the appeal.
2. Impleadment of 'Jyoti Stips Ltd.' as the 2nd Respondent.

Issue 1: Timeliness of filing the appeal:
The Appellant argued that the impugned order was brought to the notice of the Income-Tax Department on a specific date and the certified copy was received within a reasonable timeframe after that. The Appellant contended that the appeal was filed within the statutory time limit of 30 days from the date of receipt of the certified copy of the impugned order. The Tribunal acknowledged the submission and held that there was no delay in filing the appeal. Consequently, the application for condonation of delay was disposed of.

Issue 2: Impleadment of 'Jyoti Stips Ltd.' as the 2nd Respondent:
The Appellant requested to implead 'Jyoti Stips Ltd.' as the 2nd Respondent in the appeal. The Tribunal granted the request and directed the necessary corrections to be made in the cause title of the appeal and other relevant pages of the paper-books by a specified date. Furthermore, the Tribunal ordered the issuance of notice on the Respondents by Speed Post and directed the filing of requisites along with the process fee by a specific deadline. The appeal was scheduled for admission after notice on a particular date before the 1st Bench, with the direction for disposal on the subsequent date.

This judgment by the National Company Law Appellate Tribunal, New Delhi, addressed the timeliness of filing the appeal and the impleadment of 'Jyoti Stips Ltd.' as the 2nd Respondent in a detailed manner, ensuring compliance with procedural requirements and statutory timelines.