9911796707
TMI Blog2023 (7) TMI 833X X X X Extracts X X X X X X X X Extracts X X X X ..... wer enjoined upon the Appellate Tribunal, to Condone the Delay, of 15 days, of course, after the expiry of 30 days, from the date of passing of the Impugned Order, by an Adjudicating Authority/National Company Law Tribunal, Kochi Bench. Admittedly, in the instant case, the Impugned Order came to be passed by the Adjudicating Authority/ Tribunal, on 29/01/2021 and the Appeal, was filed by the Petitioner/ Appellant, on 15/12/2021, with a Delay, of 290 days, which is an unacceptable one. In reality, the said delay of 290 days, is not to be condoned, by virtue of the decision of the Supreme Court in the matter of V NAGARAJAN VERSUS SKS ISPAT AND POWER LTD. ORS. [ 2021 (10) TMI 941 - SUPREME COURT] . Appeal dismissed. X X X X Extracts X X X X X X X X Extracts X X X X ..... itioner'/ 'Appellant', before this 'Tribunal', that, it was informed about the 'approval' of the 'Resolution Plan', as soon as, was made to be aware of, they had obtained the 'web copy' of the 'Order', dated 29/01/2021 and hence the 'Petitioner'/ 'Appellant', has preferred the instant 'Appeal', with a 'Delay of '290 days', which is neither 'wilful' nor 'wanton', but due to the aforesaid reason. Hence, on behalf of the 'Petitioner'/ 'Appellant', a 'Prayer', is made for allowing of IA No. 719/2021 in Company Appeal (AT) (CH) (Ins) No. 347 of 2021, by this 'Tribunal' in the 'Interest of Justice'. Conversely, it is the 'Submission' of the Learned Counsel for the 'Respondent'/ RP, that the instant 'Appeal', is barred by 'Limitation', as per Sect ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... no efforts to pursue a timely resolution of their grievance. The Appellant having failed to apply for a Certified Copy, rendered the Appeal filed before the NCLAT as clearly barred by limitation." The crystalline stand of the 'Respondent', is that the instant Appeal is not maintainable, in 'Limine', without traversing upon, the merits of the 'main matter'/ 'Appeal'. In this connection, it is not out of place, for this 'Tribunal', to make a pertinent mention that in the 'Order', dated 04/11/2022, of this 'Tribunal', in IA No. 3349 of 2022 in C.A. (AT) (Ins) No. 1124 of 2022, in Isolux Corson India Engineering & Constructions Pvt. Ltd., through its Liquidator, CA Rajeev Bansal Vs. Shailesh Verma, Erstwhile Resolution Professional of South E ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Rules, 2016 'speaks' of furnishing 'Certified Copy of every Order', passed by the 'Tribunal' to be given to the 'Parties'. Para 8: "More importantly, Section 421(3) of the Companies Act, 2013 provides that 'Every Appeal' under Sub-Section (1) shall be filed within a period of forty-five days from the date on which a copy of the 'Order' of the 'Tribunal' is made available to the person aggrieved and shall be in such form, and accompanied by such fees, as may be prescribed. However, a mere running of the eye of the 'ingredients of Section 61(2) of the Insolvency & Bankruptcy Code, 2016, unerringly exhibits that the said 'Section' is conspicuously silent about the 'words' a copy of the order is made available to the person aggrieved, etc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Tribunal', to 'Condone' the 'Delay', of '15 days', of course, after the expiry of '30 days', from the date of passing of the 'Impugned Order', by an 'Adjudicating Authority'/ 'National Company Law Tribunal, Kochi Bench'. Admittedly, in the instant case, the Impugned Order in IA/224/KOB/2020 in IBA/49/KOB/2019, came to be passed by the 'Adjudicating Authority'/ 'Tribunal', on 29/01/2021 and the 'Appeal', was filed by the 'Petitioner'/ 'Appellant', on 15/12/2021, with a 'Delay', of '290 days', which is an unacceptable one. In reality, the said delay of '290 days', is not to be condoned, by virtue of the decision of the Supreme Court in Civil Appeal No. 3327 of 2020 in the matter of V. Nagarajan Vs. SKS Ispat and Power Limited (LL 2021 SC 5 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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