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2022 (12) TMI 664 - AT - Insolvency and BankruptcyCondonation of delay of 17 days in filing of appeal - last two days being public holidays - Power of Jurisdiction of NCLAT to condone delay - Applicability of provisions of limitation act - HELD THAT - The period of limitation is 30 days as per Section 61(1) of the Code. The power to condone the delay conferred to this Tribunal is only of 15 days. We thus have to find out in the facts of the present case, whether the delay in filing the Appeal is within 15 days or more than 15 days. What was held by this Tribunal in the above case is that the benefit of Section 4 of the Limitation Act is admissible with regard to 30 days period of limitation and the said benefit is not be extended when 45 days are computed. 15th Day is period which may be condoned but the benefit of Section 4 of the Limitation Act is not be extended if the 46th and 47th Day were holidays. - Present is not a case where Appellant is claiming benefit of Section 4 with regard to computation of 30 days period of limitation and not seeking benefit of 46th and 47th Day. We are of the view that the Appeal was not filed beyond the delay of 15 days. Filing of the Appeal was within the delay of 15 days, this Court can very well consider the grounds for condonation of 15 days delay. Appellant being not in possession of relevant documents for filing the Appeal, the delay was caused. We are satisfied that sufficient cause has been shown for condonation of the delay of 15 days in filing the Appeal. Delay Condonation Application is allowed.
Issues:
Delay in filing the Appeal Analysis: The judgment deals with an Application praying for condonation of delay in filing an Appeal against an Order passed by the National Company Law Tribunal. The Appeal was e-filed on the 44th day but physically filed in the Appellate Tribunal on the 45th day, resulting in a delay of 17 days according to the Respondent. The Appellant argued that since the Appeal was e-filed on the 44th day, the delay was not more than 15 days and could be condoned under Section 61(2) proviso. The main contention was regarding the commencement of the limitation period, with the Appellant claiming it started from the date of receiving the Order, while the Respondent argued it started from the date of pronouncement of the Order. The Tribunal referred to the Supreme Court judgment in "V. Nagarajan Vs. SKS Ispat and Power Limited & Ors." to establish that the limitation period starts from the date of the Order's pronouncement. The period of limitation was 30 days, with the power to condone the delay limited to 15 days. The Tribunal applied Section 4 of the Limitation Act and Rule 3 of the NCLAT Rules, which allow for exclusion of days when the Court is closed. As the last date for filing the Appeal fell on a day when the Court was closed, the Appeal could be filed on the next working day. Referring to a previous judgment, the Tribunal clarified that the benefit of Section 4 of the Limitation Act applies to a 30-day limitation period and cannot be extended when computing 45 days. The Tribunal concluded that the Appeal was filed within the 15-day delay period and could be considered for condonation. The Appellant's grounds for delay included not being a party to the original petition and needing time to procure relevant documents for the Appeal. The Tribunal found sufficient cause for condonation and allowed the Delay Condonation Application. In summary, the Tribunal allowed the Delay Condonation Application and listed the Appeal "For Admission" on a future date. The judgment provides a detailed analysis of the delay in filing the Appeal, the application of relevant laws and rules, and the grounds for condonation based on sufficient cause shown by the Appellant.
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