9911796707
TMI Blog2023 (7) TMI 1364X X X X Extracts X X X X X X X X Extracts X X X X ..... dated 01.12.2022, passed by the National Company Law Tribunal, Hyderabad Bench, by which an Application filed by the Successful Bidder, in the e-Auction for the sale of business for KVK Nilachal Power Pvt. Ltd (Corporate Debtor), seeking for an Order to confirm the sale of the Corporate Debtor as a going concern, without Resolution of the Corporate Debtor and to approve the relieves/waivers/concessions sought by it, has been allowed and disposed of in terms of the directions contained in the said Order. 2. The present Appeal has been filed by the Principal Commissioner of Customs alongwith an Application bearing I.A. No.720/2023, seeking condonation of delay of 12 days in filing of this Appeal. 3. Since the main Appeal cannot be heard and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... It is submitted that the Limitation has been counted by the Appellant from the date of knowledge i.e., 10.03.2023 and a period of 30 days calculated from the said date expired on 09.04.2023 and a further period of 15 days would have expired on 24.04.2023 but the Appeal has been filed on 21.04.2023. No reason has been given except that the Appeal has been filed within the extended period of 15 days. 7. We have heard Counsel for the Applicant and perused the record of the Application. 8. Section 61 of the Code deals with the Appeals to be filed before the Appellate Authority. Section 61 is being reproduced as hereunder: "61. Appeals and Appellate Authority. - (1) Notwithstanding anything to the contrary contained under the Companies Ac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... irregularity or fraud committed in relation to such a liquidation order. (5) An appeal against an order for initiation of corporate insolvency resolution process passed under sub-section (2) of section 54-O, may be filed on grounds of material irregularity or fraud committed in relation to such an order." 9. Section 61(1) provides that any person who is aggrieved against the Order of the Adjudicating Authority can prefer an Appeal before the Appellate Authority. 10. Section 61(2) lays down the period within which the Appeal under Section 61(1) is to be filed. The said period has been fixed as 30 days. However, Section 61(2) proviso further provides for extension of time beyond the period of 30 days upto 15 days but not beyond that. In ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ent. Sentiment is a dangerous will o' the wisp to take as a guide in the search for legal principles" 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 afore-stated settled proposition of law and even considering the fact that even the certified copy of the order passed by the adjudicating authority was applied beyond the period of 30 days and as observed 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 containe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iod of 30 days if it is satisfied about the existence of a sufficient cause assigned by the Appellant for not approaching the Appellate Authority within the time prescribed. 14. In the case of `National Spot Exchange Limited' (Supra), the Hon'ble Supreme Court has categorically held that the Appellate Authority does not have the jurisdiction to extend even a day beyond the extended period of 15 days. In such circumstances, the Appellant should have been vigilant enough to have filed its Appeal firstly within a period of 30 days which has been given to it by the Statute and if it could not have filed the Appeal within that period, then there should have been some justifiable reason much less sufficient cause for the purposes of sati ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
