Chhote Lal Gupta, Proprietor, Tirupati EnterprisesVs. Jai Balaji Jyoti Steels Ltd
Company Appeal (AT) (Insolvency) No.955 of 2022
Facts:
1.Appellant is challenging the order passed by the Cuttack Bench of NCLT which dismissed the application of the appellant.Order was passed on 13th may 2022 and appeal was filed on 8th July 2022.
Issue:
Whether AA is having power to condone delay beyond 15 days?
Arguments:
For appellant:
1.Counsel relying on a Judgment of Hon’ble Supreme Court in (2022) 2 SCC 244 “V. Nagarajan Vs. S.K.S. Ispat and Power Ltd.” submitted that Appeal is within time.
2.He further submitted that certified copy was applied on 08th June, 2022 i.e. within 30 days from the date of the Impugned Order which was made available on 09th June, 2022 hence thereafter the Appellant will have 30 days’ time to file this Appeal and having been filed on 08th July, 2022 is within time.Further relying on Judgement of ‘V. Nagarajan” submits that from the date of the certified copy of the Order was made available he had at least 45 days to file the Appeal.
Decision: AA is not having power to condone delay beyond 15 days.
Rationale:
1.Under Section 61 (2) of the Code, the period provided for filing the Appeal is 30 days from the date of Order. The Appellant is entitled to exclude the period for which certified copy was under preparation. Certified Copy was applied on 08th June, 2022 and delivered on 09th June, 2022 hence two days period is entitled to be excluded in computing the limitation. 13th May, 2022 was the date on which Order was passed by the Adjudicating Authority hence Appellant has time to file the Appeal till 12th June, 2022 and further he is entitled for extension of two days limitation i.e. up 14th June, 2022 and this Tribunal has power to condone the delay of only 15 days, the delay in the present Appeal is more than 15 days hence we are unable to condone the delay.
Order Copy:
