2023 (12) TMI 686 - AT - Insolvency and Bankruptcy

Condonation of delay of 15 days in filing of the appeal - It is alleged that the impugned order was passed on 29.03.2023 and the appeal was filed on 11.05.2023 i.e. on the 45th day counted from the date when the order was passed - HELD THAT - If the appeal is filed on 46th day then the application cannot be entertained by the Tribunal as it has been held that such delay cannot be condoned by resorting even to Article 142 of the Constitution of India. In such a scenario, when the timeline is so strict, it is always incumbent upon the person who wanted to challenge the order of the Adjudicating Authority before the Appellate Authority to remain vigilant regarding his rights to file the appeal. The legislature has provided only 30 days for this purpose and then granted 15 days window to file the appeal but by assigning a sufficient cause that too to the satisfaction of the Appellate Tribunal. In the present case, however, the sufficient cause is conspicuous by its absence as it would not be a sufficient cause to hold that the Appellant is a resident of Kerala and the appeal had to be filed at Chennai and the Advocate took time in drafting the appeal etc. There is no merit in the present application and the same is hereby dismissed.

Summary

Issues involved: Condonation of delay in filing an appeal before the National Company Law Appellate Tribunal.

Summary:
The Appellant sought condonation of a 15-day delay in filing an appeal, attributing the delay to the need to file through an advocate in Chennai and difficulties in obtaining legible copies of old documents. However, the Tribunal found the reasons provided to be mere excuses rather than valid explanations for the delay. The Tribunal emphasized that the right of appeal is a statutory right with a strict timeline for filing, as per Section 61 of the Companies Act 2013. The legislation allows for a 30-day period to file an appeal, with a further 15-day extension under certain conditions. Referring to a Supreme Court ruling, the Tribunal clarified that delays beyond the prescribed 15 days cannot be condoned, emphasizing that a sufficient cause for delay must be an explanation, not an excuse. In this case, the Tribunal concluded that the reasons presented did not constitute a sufficient cause for the delay and dismissed the application for condonation of delay.

Judgment:
The Tribunal dismissed the application for condonation of delay and subsequently dismissed the appeal itself, as it was not duly constituted following the dismissal of the condonation application.