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TMI Blog2023 (3) TMI 1281X X X X Extracts X X X X X X X X Extracts X X X X ..... of 15 days which can be extended in case the Appellant satisfies the Appellate Authority about the existence of a sufficient cause for not filing the appeal in time. There is no further provision in the Code for looking into the aspect of condonation of delay beyond the period of 15 days much less 45 days. In the case of NATIONAL SPOT EXCHANGE LIMITED VERSUS MR. ANIL KOHLI, RESOLUTION PROFESSIONAL FOR DUNAR FOODS LIMITED [ 2021 (9) TMI 1156 - SUPREME COURT ] the Hon ble Supreme Court has held that considering the statutory provisions which provide that delay beyond 15 days in preferring the appeal is uncondonable, the same cannot be condoned even in exercise of powers under Article 142 of the Constitution. Thus, it is clear tha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... llant was in jail and was not keeping well and admitted in the jail hospital. 4. It is submitted that since the Appellant was not before the Court at the time of pronouncement of order, therefore, he had no knowledge about the impugned order which was conveyed to him by the RP, therefore, the limitation for filing of the appeal should be counted from the date of knowledge. 5. On the other hand, Counsel appearing on behalf of the RP has submitted that it has been held by the Hon ble Supreme Court in the case of V. Nagarajan Vs. SKS Ispat and Power Limited Ors., (2022) 2 SCC 244, that the period of limitation has to be counted from the date of the order not from the date of knowledge and also submitted that the period of 30 days co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... id period of thirty days if it is satisfied that there was sufficient cause for not filing the appeal but such period shall not exceed fifteen days. 9. Section 61(1) provides for a right of appeal to an aggrieved person. Section 61(2) provides a period of limitation 30 days for preferring an appeal in terms of Section 61(1) before the Appellate Authority. Section 61(2) proviso provides another period of 15 days which can be extended in case the Appellant satisfies the Appellate Authority about the existence of a sufficient cause for not filing the appeal in time. There is no further provision in the Code for looking into the aspect of condonation of delay beyond the period of 15 days much less 45 days. 10. In the case of V. Nagaraj ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... days, which can be extended up to a period of fifteen days, and no more, upon showing sufficient cause. A sleight of interpretation of procedural rules cannot be used to defeat the substantive objective of a legislation that has an impact on the economic health of a nation. 11. In the case of National Spot Exchange Limited (Supra) the Hon ble Supreme Court has held in Para 11.2 as under:- Thus, considering the statutory provisions which provide that delay beyond 15 days in preferring the appeal is uncondonable, the same cannot be condoned even in exercise of powers under Article 142 of the Constitution. 12. In view of the aforesaid discussion, it is clear that there is no scope for condonation of delay beyond the period of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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