2023 (9) TMI 193 - AT - Insolvency and Bankruptcy

Condonation of delay of 14 days in preferring appeal - Section 61(1) of the Insolvency and Bankruptcy Code, 2016 - HELD THAT - Admittedly in the instant case, the Appeal , came to be filed on 15.06.2023, through e-portal of the Office of the Registry, National Company Law Appellate Tribunal, Chennai Bench . To put it succinctly, the instant Appeal , came to be filed after delay of 30 days, but not acceding (30 15 45 days) and exactly it was filed on 44th day, which is well within the condonable period, as per Section 61(2) of the Insolvency and Bankruptcy Code, 2016. In view of the fact that the Petitioners / Appellants have come out with reasons, to the effect, that the Petitioners / Appellants are in Kerala and it took some time for collating and preparing the documents and that apart, it took some time to procure the legible copy of the same etc., this Tribunal , by taking a pragmatic, purposeful and rational and meaningful approach and adopting a hyper-technical view, condones the Delay of 14 days , and furtherance to Substantial Cause of Justice . No costs.

Summary

Issues involved:
Delay in filing the appeal under Section 61(1) of the Insolvency and Bankruptcy Code, 2016.

Summary:

The Appellants sought condonation of delay in filing the appeal, citing difficulties in collating and filing documents, including old documents that required legible copies. They also mentioned taking two weeks to draft the appeal. The Appellate Tribunal noted that under Section 61(1) of the Insolvency and Bankruptcy Code, 2016, appeals must be filed within 30 days of the Adjudicating Authority's order, with a possible extension of 15 days for sufficient cause. The appeal in question was filed on the 44th day, falling within the condonable period. The Tribunal, considering the reasons provided by the Appellants, condoned the 14-day delay, emphasizing substantial cause of justice and taking a pragmatic approach. No costs were imposed.

In a separate proceeding, the Appellants' Counsel was directed to serve the appeal papers to the Respondents' Counsel by email, with a deadline set for the same day. The Respondents were granted two weeks to file their response through e-filing. The Respondents were also given the opportunity to file a counter within four days of receiving the Appellants' response. The matter was scheduled for a hearing on 25.09.2023 by the Office of the Registry.