Determination of the limitation period for filing an appeal u/s ...

Delay in appeal filing barred by statutory non-compliance & estoppel by conduct despite COVID extension.

Case Laws     IBC

October 19, 2024

Determination of the limitation period for filing an appeal u/s 61 of the Insolvency and Bankruptcy Code, 2016, the scope of an "Aggrieved Person," and the principle of Estoppel by Conduct. The key points are: The appellant cannot claim the benefit of the extended limitation period due to COVID-19, as the mandatory 30-day period for applying for a certified copy of the impugned order had expired much before the extended period commenced on 15.03.2020. The appellant's failure to comply with the statutory requirement of procuring a certified copy within the prescribed time, despite having knowledge of the proceedings, creates a legal bar u/s 114 of the Evidence Act. The appellant's inaction to apply for a certified copy, despite having knowledge, would constitute an "Estoppel by Conduct." Consequently, the application for condonation of delay lacks merit and is dismissed.

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