9911796707
TMI Blog2022 (9) TMI 223X X X X Extracts X X X X X X X X Extracts X X X X ..... ubt, the Appellate Tribunal at the time of dealing with the Condone Delay Application is not required to go into the merits of the case, and in short, merits of the case should not an issue in an Application filed by the concerned Applicant for condoning the delay in preferring such Application. Admittedly, in the instant case, the present Comp App is preferred beyond 45 days (30 + 15) period, prescribed under the Insolvency Bankruptcy Code, 2016. In reality, there has occasioned a delay of 1027 days in preferring the instant Comp App (AT)(CH)(Ins) No.209/2022, which in the considered opinion of this Tribunal is not to be condoned, as there is no power enjoined upon the Appellate Authority (National Company Law Appellate Tribunal) to condone the delay beyond the prescribed period, enunciated under the Insolvency Bankruptcy Code, 2016. Appeal dismissed. - Company Appeal (AT)(CH)(Ins) No.209/2022 ( IA Nos.458, 459, 460 and 461 of 2022) - - - Dated:- 2-9-2022 - [ Justice M. Venugopal ] Member ( Judicial ) And [ Naresh Salecha ] Member ( Technical ) For the Appellant : Mr. Vishal Nautiyal, Advocate For the Respondents : Mr. K. Moorthy, Advocate for R1 Mr. Ragave ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ring the instant Comp App (AT)(CH)(Ins) No.209/2022 by the Applicant / Appellant cannot be condoned in the eye of Law , because of the reason that the Order of the Adjudicating Authority (National Company Law Tribunal, Chennai Bench) in MA/179/2019 in CP/39/IB/CB/2018 was passed before the Covid-19 Pandemic itself, and the said Covid-19 Pandemic had commenced only in March 2020. Moreover, as per the Hon ble Supreme Court Order in MA/21/2022 in MA/655/2021 in Suo Motu Writ Petition No.03/2020, as per Order dated 10.01.2022, the Limitation was extended only from 15.03.2020 to 28.02.2022 and this will not on any account justify on the part of the Applicant / Appellant with a delay of over 9 months , before the commencement of the Covid-19 Pandemic in preferring the instant Comp App (AT)(CH)(Ins) No.209/2022 on the part of the Applicant / Appellant. The Learned Counsel for the 1st Respondent seeks in aid the decision of the Hon ble Supreme Court in V. Nagarajan V SKS Ispat and Power Ltd. Ors. reported in (2022) 2 SCC at Page No.244 at Spl. Page 257 wherein at Paragraph No.15, it is observed as under: - 15. An appeal is a creature of statute, hence there is a f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... downloaded copy in lieu of a certified copy. While it may well be true that waivers on filing an appeal with a certified copy are often granted for the purposes of judicial determination, they do not confer an automatic right on an applicant to dispense with compliance and render Rule 22 (2) of the NCLAT Rules nugatory. The act of filing an application for a certified copy is not just a technical requirement for computation of limitation but also an indication of the diligence of the aggrieved party in pursuing the litigation in a timely fashion. In a similar factual scenario, NCLAT had dismissed an appeal as time-barred under Section 61 (2) IBC since the appellant therein was present in court, and yet chose to file for a certified copy after five months of the pronouncement of the order. 32. The Appellant had argued that the order of the NCLAT notes that NCLT Registry had objected to the appeal in regard to limitation, to which the appellant had filed a reply stating that the limitation period would begin from the date of the uploading of the order, which was 12.3.2020. The appellant submitted that the suo motu order of this Court dated 23.03.2020 taking retrospective effect ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is satisfied that there was a sufficient cause in not filing the Appeal but such period shall not exceed 15 days + 30 days. The pith and substance of the Plea taken on behalf of the 2nd Respondent is that beyond the time granted, as per Section 61 (2) of the Insolvency Bankruptcy Code, 2016 viz., 30 + 15 days, the Applicant / Appellant cannot prefer an Appeal thereafter, and in the present case, the instant Comp App (AT)(CH)(Ins) No.209/2022 was preferred after Three Years . Hence IA/460/2022 (Condone Delay Application) is liable to be dismissed. This Tribunal has heard the Learned Counsels appearing for the parties and noticed their contentions. This Appellate Tribunal takes note of the primordial fact that the ingredients of Section 61 (1) of the Insolvency Bankruptcy Code, 2016 enjoins that every Appeal as per Section 61 (1) of the Insolvency Bankruptcy Code, 2016 shall be filed within 30 days before the National Company Appellate Tribunal and thereafter the Appellate Tribunal may allow an Appeal to be preferred after the expiry of 30 days, only after if it was substantially satisfied, if sufficient cause for not filing the plea in subject pe ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
