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2022 (1) TMI 217 - AT - Insolvency and BankruptcyApproval of Resolution Plan - Appeal filed within time or not - submission of the Appellant is that the Appellant was provided free of cost copy of the order only on 05.02.2021 hence period of limitation shall start running only from 05.02.2021 - Section 61 of the Insolvency and Bankruptcy Code, 2016 - Whether limitation for filing the Appeal for the Appellant against the order dated 11.11.2019 passed by the Adjudicating Authority shall commence only w.e.f. 05.02.2021 when he has been provided with certified copy of the judgment (free of cost)? - HELD THAT:- When the Appellant himself stated before the Bombay High Court that they intend to challenge the order dated 11.11.2019 there was no occasion for him to wait till 05.02.2021 for obtaining a certified free of cost copy and file an Appeal. He has disclosed their intention to file an Appeal on 03.12.2019. He cannot be allowed to contend that since he received certified copy (free of cost) on 05.02.2021, his Appeal is within time. Whether the Appellant is entitled for the benefit of judgment of the Hon’ble Supreme Court in Suo Moto Writ Petition No. 3 of 2020 [2020 (5) TMI 418 - SC ORDER] ? - HELD THAT:- The present is a case where order was passed on 11.11.2019 and 30 days’ period expired on 10.12.2019. The order of Suo Motu Writ Petition was relied. The Hon’ble Supreme Court in the aforesaid order directed for extension of limitation from 15.03.2020 due to the COVID-19 Pandemic. The limitation for filing the Appeal of the Appellant long expired much before 15.03.2020, hence, the benefit of order of the Hon’ble Supreme Court dated 23.03.2020 in Suo Motu Writ Petition cannot be availed by the Appellant. Whether on account of Appellant prosecuting its claim which Writ Petition is still pending, the Appellant is entitled for the benefit of Section 14(2) of the Limitation Act, 1963 for presenting the present Appeal? - HELD THAT:- The benefit of Section 14(2) can be claimed of the period during which bonafide proceeding is prosecuted in a Court which due to defect of jurisdiction or other cause of a like nature, is unable to entertain it. The present is not a case where Bombay High Court was unable to entertain the Writ Petition which was filed and pending in the Bombay High Court. Writ Petition was filed under Article 226 of the Constitution of Indian and it cannot be accepted that High Court has no jurisdiction to entertain the Writ Petition. Thus, the benefit of Section 14(2) as claimed by the Appellant cannot be extended in the present case. This Appeal is clearly barred by time and no case has been made out to claim benefit of Sections 5 and 14(2) of the Limitation Act to the Appellant - Appeal dismissed.
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