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TMI Blog2023 (5) TMI 531X X X X Extracts X X X X X X X X Extracts X X X X ..... ction 61(1) shall be filed within thirty days before this Tribunal and proviso to Section 61(2) says that the period of 30 days allowed to file the appeal can further be extended to 15 days and not thereafter. Meaning thereby, the limitation to file an appeal before this Tribunal is only upto 45 days out of which the period of fifteen days can be used by the Appellant for the purpose of extension of period of limitation on assigning sufficient cause to the satisfaction of the Appellate Authority for condonation of delay. In the present case, admittedly within the period of 30 days and even the extended period of 15 days i.e. 45 days no appeal was filed rather the Writ Petition was filed before the Hon ble High Court in which the aforesai ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... with the following orders: 1. This hearing has been done through hybrid mode. 2. The Petitioner-, a registered association of flat buyers in the project titled Cloud9 , has challenged the order dated 31st March, 2022 passed by the NCLT. Vide the impugned order, a Resolution Professional has been appointed and moratorium has been declared under section 14 of the Insolvency Bankruptcy Code, 2016 ( IBC ) by the NCLT. 3. The case of the Petitioner is that the project is 80-90% complete and for a debt of around Rs.1.5 crore, the NCLT has directed the moratorium without considering the interest of the apartment owners. 4. The ld. Counsel for the Petitioner submits that the appeal against the impugned order of the NCLT coul ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the Code deals with the appeal and the Appellate Authority. Section 61(1) (2) and its proviso are relevant for this case, therefore, the same is reproduced as under: Section 61: Appeals and Appellate Authority. 61. (1) Notwithstanding anything to the contrary contained under the Companies Act 2013, any person aggrieved by the order of the Adjudicating Authority under this part may prefer an appeal to the National Company Law Appellate Tribunal. (2) Every appeal under sub-section (1) shall be filed within thirty days before the National Company Law Appellate Tribunal; Provided that the National Company Law Appellate Tribunal may allow an appeal to be filed after the expiry of the said period of thirty days if it is s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be condoned by exercising the jurisdiction under Article 142 of the Constitution of India. The Hon ble Supreme Court, however, dismissed the said appeal on the ground of limitation, observing thus: The Act is a special legislation within the meaning of Section 29 (2) of the Limitation Act and, therefore, the prescription with regard to the limitation has to be the binding effect and the same has to be followed regard being had to its mandatory nature. To put it in a different way, the prescription of limitation in a case of present nature, when the statute commands that this Court may condone the further delay not beyond 60 days, it would come within the ambit and sweep of the provisions and policy of legislation. It is equivalent to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hereinabove there was a delay of 44 days in preferring the appeal which was beyond the period of 15 days which maximum could have been condoned and in view of specific statutory provision contained in Section 61(2) of the IB Code, it cannot be said that the NCLAT has committed any error in dismissing the appeal on the ground of limitation by observing that it has no jurisdiction and/or power to condone the delay exceeding 15 days. 9. With due respect to the order passed by the Hon ble High Court of Delhi, it is pertinent to mention that this Tribunal does not have jurisdiction to condone the delay after a period of 45 days in view of the decision rendered by the Hon ble Supreme Court in National Spot Exchange Limited (supra). 10. He ..... X X X X Extracts X X X X X X X X Extracts X X X X
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