9911796707
TMI Blog2025 (3) TMI 513X X X X Extracts X X X X X X X X Extracts X X X X ..... J. This is an application praying for condonation of delay of 15 days in filing the Appeal. The Appeal has been filed against the order dated 01.10.2024 passed by the Adjudicating Authority (National Company Law Tribunal) Ahmedabad, Division Bench, Court-1 by which application filed by the Resolution Professional being IA No.556/NCLT/AHM/2021 has been partly allowed and partly rejected. Appellant aggrieved by the said order has filed this Appeal. 2. This Appeal has been e-filed on 15.11.2024. The Appellant's case in application is that Appellant had gained the knowledge of the order only after a week of pronouncement. Appellant is a vegetable vendor and he failed to understand the intricacy of legal process and the strict timeline. Appel ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the Counsel for the parties and perused the record. 5. The first question which need to be answered is that as to whether the appeal is filed within condonable period of 15 days or appeal has been filed beyond 15 days. It is settled law that jurisdiction to condone the delay vested in this Tribunal is only 15 days as per Section 61(2) proviso. The order was delivered on 01.10.2024. As per Rule 3 of the NCLAT Rules, 2016, the day from which the said period reckoned shall be excluded. Thus, 01.10.2024 has to be excluded. Rule 3 of the NCLAT Rules, 2016 is as follows : - " 3. Computation of time period.- Where a period is prescribed by the Act and these rules or under any other law or is fixed by the Appellate Tribunal for doing any act, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the submission of the Respondent that the case of the Appellant is that he came to know about the order only on 23.10.2024 and he was communicated on 01.10.2024 itself by WhatsApp call by liquidator. Appellant is not claiming any benefit from date of knowledge of the order. As per the law laid down by the Hon'ble Supreme Court in "V. Nagarajan vs. SKS Ispat and Power Limited and Ors. (2022) 2 SCC 244", limitation for filing the appeal commences on the day when order is pronounced. The question as to when the appellant came to know about the order is inconsequential, since the limitation for filing the appeal shall begin from the date of pronouncement of the order and 01.10.2024 being to be excluded as per Rule 3, 30th day shall be on 31.10 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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