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2023 (1) TMI 1272 - AT - Insolvency and BankruptcyCondonation of delay of 38 Days in refiling of the Appeal against approval of Resolution plan - ground in application is Appellant is a government body and there are number of formalities involved in the preparation, filing and refiling of the Appeal - HELD THAT - The delay in filing the Appeal is beyond 15 days and the Application itself mentions the delay of 29 days in filing the Appeal. Jurisdiction is limited only to 15 days under Section 61(2) proviso of the IBC, 2016 hence the delay in filing the Appeal cannot be condoned. The law is well settled that limitation for filing the Appeal shall begin on the date when order is pronounced and the mere fact that Appellant became aware on 14.09.2022 is not relevant for purposes of limitation - There being delay of more than 15 days, Application for condoning the delay is dismissed.
Issues: Delay in refiling the Appeal, Condonation of delay in filing the Appeal, Limitation for filing the Appeal
The judgment by the National Company Law Appellate Tribunal, Principal Bench, New Delhi, involved a delay of 38 days in refiling the Appeal. The Appellant, a government body, cited various formalities as the reason for the delay. The Tribunal considered the cause shown as sufficient and condoned the delay in refiling the Appeal. An application (I.A. No. 31 of 2023) was filed seeking condonation of delay in filing the Appeal. The Order in question was passed by the Adjudicating Authority on 30th August 2022, and the Appeal was filed on 28th October 2022. The delay in filing the Appeal was acknowledged to be 29 days, exceeding the 15-day limit specified under Section 61(2) proviso of the IBC, 2016. Due to the jurisdictional limitation, the Tribunal was unable to condone the delay in filing the Appeal. The Appellant's counsel mentioned that the Appellant only became aware of the Order through email on 14th September 2022. However, the Tribunal emphasized that the limitation for filing an Appeal starts from the date the order is pronounced, not when the party becomes aware of it. As the delay exceeded 15 days, the Tribunal dismissed the application for condoning the delay and consequently rejected the Memo of Appeal. In conclusion, the Tribunal addressed issues related to delay in refiling the Appeal, condonation of delay in filing the Appeal, and the limitation for filing the Appeal, ultimately dismissing the application due to the delay exceeding the statutory limit.
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