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2023 (12) TMI 1074 - AT - Insolvency and BankruptcyMaintainability of appeal on the ground of time limitation - HELD THAT:- The present appeal is directed against the order dated 06.12.2022 and filed on 04.02.2023. The period of 30 days, as prescribed under Section 61(2) of the Code, counted from 06.12.2022 expired on 05.01.2023 and further period of 15 days expired on 20.01.2023 whereas the appeal has been filed on 04.02.2023. It is pertinent to mention that the impugned order was not passed dismissing the application for non-prosecution rather the impugned order was passed dismissing the application having been rendered infructuous, therefore, the period of limitation would start from the date of order 06.12.2022 in view of the decision of the Hon’ble Supreme Court in the case of V. Nagrajan Vs. SKS Ispat and Power Ltd. &Ors. [2021 (10) TMI 941 - SUPREME COURT]. The appeal having been filed even after the expiry of further 15 days prescribed under Section 61(2) proviso, is not maintainable in view of a decision of the Hon’ble Supreme Court rendered in the case of National Spot Exchange Limited Vs. Anil Kohli [2021 (9) TMI 1156 - SUPREME COURT]. This appeal has been filed beyond the period of limitation and not maintainable, the Corporate Debtor has already been sold as going concern subsequent to the order dated 19.01.2023 passed in 1018 of 2022 and thereafter the change in the management has taken effect and the sale proceeds received from such sale have also been distributed to the stakeholders. There is hardly any merit in the present appeal which is otherwise barred by limitation and hence, the same is hereby dismissed.
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