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TMI Blog2024 (9) TMI 568X X X X Extracts X X X X X X X X Extracts X X X X ..... f the order i.e. 11.03.2024 and it is to be counted from the next day i.e. 12.03.2024 then it would come to 80 days till it is filed on 31.05.2024. Thus, besides statutory period of 30 days, the Appellant has consumed another 50 days for filing the appeal though there is a window of only 15 days for considering the appeal by condoning the delay on sufficient cause assigned by the Appellant. In no case, the delay can be condoned beyond the period of 15 days i.e. 30 + 15 = 45 days whereas in this case it is 30+50=80 days, therefore, in view of the decision of the Hon ble Supreme Court in the case of National Spot Exchange Limited [ 2021 (9) TMI 1156 - SUPREME COURT ], this court has no jurisdiction to condone the delay. As regards the case of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lvency Resolution Process (in short CIRP ) against M/s Vas Infrastructure Ltd., for the default of an amount of Rs. 301,06,84,507.23/-, has been admitted and Ashok Kumar Golechha was appointed as the Interim Resolution Professional. 2. This appeal is filed by the society under Section 61 of the Code alleging that the Corporate Debtor has mortgaged the land on which the residential flats have been constructed and are owned by the society. 3. The Appellant has filed this appeal alongwith an application bearing IA No. 4298 of 2024 seeking condonation of delay of 51 days in filing the present appeal. 4. We have heard arguments of the counsel for the parties on the application for condonation of delay because until and unless the delay in filing ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is court beyond the period of 15 days after excluding the statutory period of 30 days available to it and lastly the public announcement was made about the CIRP on 13.03.2024, therefore, the Appellant had the deemed knowledge. In support of his submissions, he has relied upon a decision of the Hon ble Supreme Court in the case of M/s PRS Infrastructure Ltd. Vs. Mukul Kumar Anr. CA No. 5590 of 2021 and referred to para 19 and 20 of the said order which read as under:- 19. The second question is whether the delay in the filing of claim by the appellant ought to have been condoned by respondent no. 1. The IBC is a time bound process. There are, of course, certain circumstances in which the time can be increased. The question is whether the pre ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Constitution of India, in the facts and circumstances of the case and submitted that the amount involved is a very huge amount and that the appellant is a public body. We are afraid what cannot be done directly considering the statutory provisions cannot be permitted to be done 9. In reply to the judgment relied upon by the appellant, in the case of Rajeev Goel (Supra), it is submitted that there was a delay of 6 days in filing the appeal and that was within the period of 15 days prescribed in proviso to Section 61(2) of the Code whereas in the present case the delay is beyond the period of 45 days which cannot be condoned as this Court has no jurisdiction. 10. We have heard Counsel for the parties and perused the record with their able a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he date of passing of the order i.e. 11.03.2024 and it is to be counted from the next day i.e. 12.03.2024 then it would come to 80 days till it is filed on 31.05.2024. Thus, besides statutory period of 30 days, the Appellant has consumed another 50 days for filing the appeal though there is a window of only 15 days for considering the appeal by condoning the delay on sufficient cause assigned by the Appellant. In no case, the delay can be condoned beyond the period of 15 days i.e. 30 + 15 = 45 days whereas in this case it is 30+50=80 days, therefore, in view of the decision of the Hon ble Supreme Court in the case of National Spot Exchange Limited (Supra), this court has no jurisdiction to condone the delay. In so far as the argument of the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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