9911796707
TMI Blog2020 (12) TMI 887X X X X Extracts X X X X X X X X Extracts X X X X ..... provided and a strict period of limitation is made applicable and the aggrieved party permits the period of limitation to lapse, maybe for valid or reasons otherwise - Since order dated 15.10.2020 was admittedly an appealable order, though subject to the period of limitation and no appeal has been filed by the petitioner within the statutory period or the extendable period under proviso to Section 61(2) of the Insolvency and Bankruptcy Court, 2016, I am not inclined to exercise the discretionary powers under Article 227 of Constitution of India to permit a challenge to the said order. The contention of learned counsel for the respondent that Section 5 of the Limitation Act may apply does not arise for consideration in these proceedings. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s of Section 61 of the Insolvency and Bankruptcy Courts, 2016 an appeal has to be filed within 30 days and the National Company Law Appellate Tribunal can extend the period for on showing sufficient case by a maximum period of 15 days. 6. He submits that today the appeal is beyond limitation and even the period extendable by the National Company Law Appellate Tribunal is over. Learned counsel submits that appeal could not be filed within the time as the counsel for the petitioner was diagnosed with Covid-19 and had been under treatment and in isolation, during which period the period for filing an appeal as well as the extendable period lapsed. He submits that in view of the above, petitioner has approached this Court under Article 227 o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ittedly an appealable order, though subject to the period of limitation and no appeal has been filed by the petitioner within the statutory period or the extendable period under proviso to Section 61(2) of the Insolvency and Bankruptcy Court, 2016, I am not inclined to exercise the discretionary powers under Article 227 of Constitution of India to permit a challenge to the said order. 13. The contention of learned counsel for the respondent that Section 5 of the Limitation Act may apply does not arise for consideration in these proceedings. Though, it may arise in case petitioner were to file an appeal before the Appellate Tribunal, in which case it would be for the Appellate Tribunal to consider as to whether provisions of Section 5 of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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