9911796707
TMI Blog2023 (12) TMI 1074X X X X Extracts X X X X X X X X Extracts X X X X ..... been filed on 04.02.2023. It is pertinent to mention that the impugned order was not passed dismissing the application for non-prosecution rather the impugned order was passed dismissing the application having been rendered infructuous, therefore, the period of limitation would start from the date of order 06.12.2022 in view of the decision of the Hon ble Supreme Court in the case of V. Nagrajan Vs. SKS Ispat and Power Ltd. Ors. [ 2021 (10) TMI 941 - SUPREME COURT ]. The appeal having been filed even after the expiry of further 15 days prescribed under Section 61(2) proviso, is not maintainable in view of a decision of the Hon ble Supreme Court rendered in the case of National Spot Exchange Limited Vs. Anil Kohli [ 2021 (9) TMI 1156 - SUPR ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al Corp Logistics LLC as the base price and accordingly adopt swiss challenge for sale of the CD as going concern. 4. Thereafter, the application I.A. No. 1018 of 2022 was filed for approval of the sale of the Corporate Debtor as going concern. The said application was allowed vide order dated 19.01.2023 and the liquidator was directed to disburse the consideration paid by the purchaser as per Section 53 of the Code. 5. The aforesaid order was challenged by the present appellant by way of CA (AT) (Ins) No. 33 of 2023 alongwith I.A. No. 124 of 2023 by which he sought leave to appeal. The contention of the Appellant is that the offer made by the Appellant was more than the value offered by the purchaser before the liquidator and his proposa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ent appeal is directed against the order dated 06.12.2022 and filed on 04.02.2023. The period of 30 days, as prescribed under Section 61(2) of the Code, counted from 06.12.2022 expired on 05.01.2023 and further period of 15 days expired on 20.01.2023 whereas the appeal has been filed on 04.02.2023. It is pertinent to mention that the impugned order was not passed dismissing the application for non-prosecution rather the impugned order was passed dismissing the application having been rendered infructuous, therefore, the period of limitation would start from the date of order 06.12.2022 in view of the decision of the Hon'ble Supreme Court in the case of V. Nagrajan Vs. SKS Ispat and Power Ltd. &Ors. (2021) 14 SCR 736. The appeal having been ..... X X X X Extracts X X X X X X X X Extracts X X X X
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