2023 (12) TMI 315 - AT - Insolvency and Bankruptcy

Condonation of delay in filing the Appeal - ground taken in the Delay Condonation Application is that order passed by the Adjudicating Authority was uploaded on the NCLT, E-Portal only on 10th September, 2023 hence the period from 30th August, 2023 to 10th September, 2023 shall be excluded for the purpose of limitation. HELD THAT - The only explanation given by the Appellant in this Application that limitation will commence from the date when the order was uploaded does not commend in view of the settled law - Appellant s submission that he was only informed about the operative portion of the Order shall not stop the commencement of the limitation period. The Appeal has been admittedly filed on 19.10.2023 i.e. beyond the period of 45 days. The jurisdiction to condone the delay is limited to only 15 days. The Appeal having been filed beyond 15 days after expiry of the limitation, the delay cannot be condoned and Delay Condonation Application is dismissed.

Summary

Issues involved:
The judgment involves a delay condonation application in filing an appeal against an order passed by the National Company Law Tribunal, New Delhi. The main issue is whether the limitation period for filing the appeal should start from the date the order was pronounced or from the date it was uploaded on the NCLT E-Portal.

Delay Condonation Application:
The application sought condonation of delay in filing the appeal against the Order dated 30th August, 2023 passed by the National Company Law Tribunal, New Delhi. The ground for delay was that the order was uploaded on the NCLT E-Portal only on 10th September, 2023, hence excluding the period from 30th August, 2023 to 10th September, 2023 for limitation purposes.

Appellant's Submission:
The Appellant's counsel argued that although present on the date of the pronouncement, they were only informed about the operative portion of the Order, justifying the delay in filing the appeal.

Respondent's Argument:
The Respondent's counsel contended that the limitation period should start from the date of the order's pronouncement, not from the date of upload. Citing previous judgments, it was argued that the limitation period should not be affected by the date of upload but rather by the date of pronouncement.

Legal Precedents:
The Respondent relied on judgments, including one in the matter of Raiyan Hotels and Resorts Pvt. Ltd. Vs. Unrivalled Projects Private Limited, which highlighted the Supreme Court's stance on the commencement of the limitation period for filing an appeal under the IBC. Referring to various cases, the Respondent emphasized that the limitation period should begin from the date of the order's pronouncement, as established by previous legal interpretations.

Decision and Rationale:
The Tribunal dismissed the Delay Condonation Application as the appeal was filed beyond the 45-day limitation period, with the jurisdiction to condone the delay limited to only 15 days. The Appellant's argument that the limitation should commence from the date of upload was not accepted, given the established legal principles. Therefore, the appeal was rejected due to being filed beyond the permissible delay condonation period.

This summary provides a detailed breakdown of the issues, arguments presented, legal precedents cited, and the final decision reached by the National Company Law Appellate Tribunal in this case regarding the delay condonation application for filing an appeal.