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2023 (3) TMI 135 - AT - Insolvency and BankruptcyCondonation of 493 days delay in filing the appeal - period of moratorium during which the Appellant was under moratorium has to be excluded giving the benefit of under Section 60(6) of the Insolvency and Bankruptcy Code, 2016 or not - HELD THAT:- The case before the Hon’ble Supreme Court in NEW DELHI MUNICIPAL COUNCIL VERSUS MINOSHA INDIA LIMITED [2022 (5) TMI 1123 - SUPREME COURT] was a case where a benefit of Section 60(6) was extended to the Corporate Debtor and the Resolution Applicant in respect to the proceedings under the Arbitration and Conciliation Act, 1996. The case before the Hon’ble Supreme Court was not a case for limitation for filing an appeal under Section 61 of the Code and the Court was concerned with the benefit of Section 60(6) of the Code in proceedings under 1996 Act - The Supreme Court held that Section 60(6) of the IBC does contemplate exclusion of the entire period during which the moratorium was in force in respect of corporate debtor in regard to a proceeding as contemplated therein at the hands of the corporate debtor. The present appeal is filed under section 61(1) of the Code with delay of 493 days. Our jurisdiction to condone the delay under Section 61(2) of the Code proviso is only 15 days. The delay of 493 days in filing the appeal cannot be condoned - Application for condonation of delay is dismissed.
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