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2023 (6) TMI 1008 - AT - Insolvency and BankruptcyCondonation of delay of 14 days in filing appeal - Period of Limitation specified under Section 61 (2) of the I B Code, 2016 - HELD THAT - In the present case, from the date of Certified Copy, being made ready Viz. 02.02.2023 and the date of filing of the instant Appeal, on 19.03.2023, the instant Appeal, came to be filed on 45th Day. The contention of the Respondent is that, the impugned order, came to be passed on 31.01.2023, by the Adjudicating Authority / Tribunal, and the time starts from 01.02.2023 and when the instant Appeal, came to be filed on 19.03.2023, the 46 Days, had elapsed, which is impermissible, because of the fact that an Appeal, is to be filed, within 45 days (30 15 45 days), being the Outer Limit, and further that, there is no provision in the I B Code, 2016, to Condone the Delay, beyond the period of 15 days, ofcourse, after the expiry of 30 days, mentioned in Section 61 (2) of the I B Code, 2016. As a matter of fact, the word requisite, means properly required, and it is for the Appellant, to show the necessity that no part of delay, beyond the prescribed period, is due to his Default. Taking note of the primordial fact that the Certified True Copy of the Impugned Order, was made ready by the Office of the Registry of the Adjudicating Authority, on 02.02.2023 (Impugned Order, came to be passed on 31.01.2023), and the instant Appeal, came to be filed on 19.03.2023, before the Office of the Registry, this Tribunal, comes to an inevitable, inescapable and irresistible conclusion, by excluding the time taken by the Adjudicating Authority / Tribunal, to prepare an Order, that the instant Appeal, came to be filed on 45th day (30 15 45 Days), within the Permissible Time Period, and viewed in that perspective, Condones the Delay of 15 Days (after the expiry of 30 days, vide Section 61 (2) of the Code), that has occurred, in preferring the instant Appeal, before this Tribunal, by accepting the explanation offered, on the side of the Petitioner / Appellant. Petition allowed.
Issues Involved:
1. Delay in filing the appeal. 2. Computation of the limitation period. 3. Exclusion of time for obtaining a certified copy. 4. Authority to condone the delay. Summary: Issue 1: Delay in Filing the Appeal The Petitioner/Appellant contended that the 14-day delay in filing the appeal was neither willful nor wanton but due to internal approvals and continuous travel of the approving authority. The Respondent argued that the appeal, filed on the 46th day, exceeded the permissible limit under Section 61(2) of the IBC, 2016, which allows a maximum of 45 days (30 days plus 15 days for sufficient cause). Issue 2: Computation of the Limitation Period The Petitioner/Appellant referred to the Supreme Court judgment in Sanket Kumar Agarwal & Anr. v. APG Logistics Pvt. Ltd., which clarified that the time requisite for obtaining a copy of the order should be excluded while computing the period of limitation. The Respondent countered that the limitation period should be computed from the date of the order, not the date of knowledge. Issue 3: Exclusion of Time for Obtaining a Certified Copy The Tribunal noted that the certified true copy of the impugned order was made ready on 02.02.2023, and the appeal was filed on 19.03.2023, which falls within the permissible 45-day period when excluding the time taken to prepare the order. Issue 4: Authority to Condon the Delay The Tribunal acknowledged that under Section 61(2) of the IBC, 2016, an appeal must be filed within 30 days, extendable by 15 days for sufficient cause. The Tribunal referred to the Supreme Court judgment in V Nagarajan v. SKS Ispat & Power Ltd & Ors., which emphasized that delay beyond this period cannot be condoned. Conclusion: The Tribunal condoned the 15-day delay, accepting the Petitioner's explanation for the delay due to internal approvals and travel. The appeal was deemed to have been filed within the permissible time period. Consequently, the Tribunal allowed IA No. 378 of 2023 and directed the Registry to list the main appeal for hearing on 26.06.2023. The Appellant was also instructed to amend the name of the present Liquidator in the memo of appeal.
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