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TMI Blog2021 (3) TMI 1445X X X X Extracts X X X X X X X X Extracts X X X X ..... not have provision to serve free copies. Even if one is to rely on Section 421 (3) of the Companies Act, 2013, there is Judgment in the matter of Sagufa Ahmad and Ors. Vs. Upper Assan Plywood Products Pvt. Ltd. [ 2020 (9) TMI 713 - SUPREME COURT] passed by the Hon ble Supreme Court of India which would be relevant. If the Appellant did not rely on supply of free copy and applied for certified copy and filed Appeal based on certified copy then the Appellant cannot rely on Section 421 (3) of the Companies Act, 2013, to count limitation. Under Section 61 of IBC, the appeal has to be filed within 30 days. This Tribunal may allow an appeal to be filed after the expiry of said period of 30 days if it is satisfied that there was sufficient ca ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... being passed disposing the I.A. No. 2596 of 2019 for Condonation of Delay. 3. The Appellant-Mr. Gurusharan Singh claims to be Director and Shareholder of the Corporate Debtor-M/s. Spacevision Impex Private Limited. The Appellant claims that the Impugned Order was passed ex-parte. According to him, in the first week of June, 2019, an envelope from Mr. Devinder Arora- Interim Resolution Profession (IRP in short) of Respondent No. 2 Corporate Debtor was received in the absence of the Appellant. It is claimed that the envelope was not opened and kept by wife of Appellant with other DAK. It is claimed that the wife is house-wife and she did not open envelope addressed to the Appellant. Appellant claims that the Appellant came to know about th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the averments and arguments made regarding not having knowledge till 25th June, 2019 is not acceptable. The Respondent No. 1 is claiming that the record of IRP shows that various efforts were made to serve the Appellant and Corporate Debtor as well as the other Director and the Appeal is time-barred. 5. The IRP has filed Reply-Affidavit vide Diary No. 19273 and the Reply- Affidavit claims that the IRP had sent communication that Corporate Insolvency Resolution Process (CIRP in short) has been initiated against the Corporate Debtor. According to the IRP, he has sent another letter dated 30th May, 2019 requesting the Suspended Board of Director of the Corporate Debtor the Information/Documents/Books along with a copy of the Order dated 08t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ch shows that he sent a messenger with Letter dated 12.06.2019 copy of which is at Annexure 4. The IRP got endorsement on Annexure 4 of receipt which records that Received on behalf of Mr. Ravi Gupta . There is signature, Mobile Numbers and date 13th June, 2019. Mr. Ravi Gupta appears to be other Director of the Corporate Debtor. 6. In the face of such documents being put on record by the IRP, who was acting in official capacity, we are not convinced with the bare statement made by the Appellant that he had gone to Bangalore and in his absence letter was received by his wife in the first of week (date is not mentioned) and that he got knowledge only on 25th June, 2019 when Corporate Debtor returned back. Such claims of want of knowledge ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as sent along with copy of the Impugned Order dated 08th May, 2019. 8. The argument that free copy was not served on the Appellant is not relevant. IBC does not have provision to serve free copies. Even if one is to rely on Section 421 (3) of the Companies Act, 2013, there is Judgment in the matter of Sagufa Ahmad and Ors. Vs. Upper Assan Plywood Products Pvt. Ltd . Passed by the Hon ble Supreme Court of India in Civil Appeal Nos. 3007-3008 of 2020 which would be relevant. If the Appellant did not rely on supply of free copy and applied for certified copy and filed Appeal based on certified copy then the Appellant cannot rely on Section 421 (3) of the Companies Act, 2013, to count limitation. 9. Under Section 61 of IBC, the Appeal ha ..... X X X X Extracts X X X X X X X X Extracts X X X X
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