2024 (2) TMI 1317 - AT - Insolvency and Bankruptcy

Condonation of delay in filing the Appeal - Appellant submits that since certified copy which was sought has not been given, the Appellant could not file the appeal in time and delay in filing the Appeal need to be condoned - HELD THAT - Jurisdiction to condone the delay is limited to only 15 days after expiry of the limitation under Section 61(2) proviso. Even from the own case of the Appellant, it is clear that for the first time the certified copy was applied on 23rd November, 2023 physically. The email was sent on 18th November, 2023 prayer of which we have quoted above cannot be treated to be an application for certified copy, according to own case of the Appellant, application for certified copy was made on 23.11.2023 after 30 days of passing of the order dated 19.10.2023 - no benefit under Section 12 of the limitation act can be allowed to the Appellant whereas admittedly according to the Appellant, the certified copy was not given. The Appeal having been filed on 23rd January, 2024 which is well beyond time and well beyond period of 15 days which is permissible to be condoned under Section 61(2) proviso, the delay cannot be condoned in filing the Appeal - Delay Condonation Application is dismissed.

Summary

Issues involved:
Delay in filing the appeal due to non-receipt of certified copy of the order.

Summary:

Issue 1: Delay in filing the appeal

The appeal was filed against the Order dated 19.10.2023 passed by the National Company Law Tribunal, Kolkata Bench, Court-II, approving the resolution plan. The Appellant, representing workers, claimed delay in filing the appeal due to non-receipt of certified copy of the order. They made various requests for inspection and certified copies, but faced delays in obtaining the necessary documents.

The Appellant's counsel argued that the delay was due to the non-receipt of the certified copy, which hindered the timely filing of the appeal. They referred to specific dates of requests made for inspection and certified copies, highlighting the efforts made to obtain the required documents.

Upon examination of the timeline of events, it was noted that the Appellant's application for a certified copy was physically made on 23rd November, 2023, well beyond the permissible period for condonation of delay under Section 61(2) proviso. The Tribunal observed that the email sent on 18th November, 2023, requesting certified copies, could not be considered as an official application for the same as per NCLT Rules.

Given the strict limitation of 15 days for condonation of delay, the Tribunal concluded that the delay in filing the appeal beyond the prescribed period could not be condoned. Consequently, the Delay Condonation Application was dismissed, and the Memo of Appeal was rejected.

This summary provides a detailed overview of the issues involved in the legal judgment, emphasizing the key arguments and decisions made by the Appellate Tribunal.