TMI Blog2022 (12) TMI 146X X X X Extracts X X X X X X X X Extracts X X X X ..... ime but such period should not exceed 15 days. There is no other proviso in the Code, which is complete in itself, for the purpose for providing a window for filing the appeal beyond the period of 45 days. The plain reading of the aforesaid provision that the Appellant has a statutory right without any hindrance to file an appeal within 30 days before the Appellate Tribunal. But in case the appeal is filed by the Appellant, because of sufficient reason, within a further period of 15 days, it can seek condonation of delay in not filing the appeal by filing an Application under Section 5 of the Act. In these circumstances, the judgment relied upon by the Appellant in the case of Sesh Nath Singh [ 2021 (3) TMI 1183 - SUPREME COURT ] would b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... BC ) r/w Rule 6 of IBC (Application to Adjudicating Authority) Rules, 2016 (in short Rules ) by the Operational Creditor (M/s FOWCOMM INC) against the Corporate Debtor (M/s S J Turnkey Contractor (India) Pvt. Ltd. for initiation of Corporate Insolvency Resolution Process (in short CIRP ) has been dismissed. 2. The Appellant has filed an Interlocutory Application bearing I.A. No. 892 of 2022 under Section 5 of Limitation Act, 1963 (in short Act ) for condonation of delay. The Application is taken up for hearing at the first instance because until and unless the delay is condoned the Appeal cannot be duly constituted. 3. Counsel for the Appellant has submitted that the impugned order was passed on 19.04.2022 whereas the appeal has ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... llant with instruction to download the documents and make necessary correction qua the facts and suggestions accordingly. 16.06.2022 That the counsel for the appellant rec3eived hard copies of the appeal and IAs duly signed by the appellant along with apostilled/notorized affidavits. 22.06.2022 That the counsel for the appellant filed the complete set of appeal along with Impugned orders and Annexures before the Ld. NCLAT vide Diary No. 516 dt. 22.06.2019. 5. Learned Counsel for the Appellant has submitted that after the amendment in IBC, by way of Section 238(A) w.e.f. 17.08.2018, the provision of Section 5 of the Act is also applicable. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for the parties. In order to answer the questions involved as to whether this Tribunal has the jurisdiction to entertain and decide an application for condonation of delay beyond the period of 45 days, it would be relevant to refer to Section 61 of the Code which deals with appeal and delay. Section 61 of the Code is reproduced hereunder: 61. Appeals and Appellate Authority. (1) Notwithstanding anything to the contrary contained under the Companies Act 2013 (18 of 2013), any person aggrieved by the order of the Adjudicating Authority under this part may prefer an appeal to the National Company Law Appellate Tribunal. (2) Every appeal under sub-section (1) shall be filed within thirty days before the National Company Law Ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l irregularity or fraud committed in relation to such an order.] 9. Section 61(1) provides that any person who is aggrieved by the order of the Adjudicating Authority can prefer an Appeal to the NCLAT. Section 61(2) says that every appeal preferred under Section 61(1) has to be filed within 30 days before the Appellate Tribunal. Proviso to 61(2) says that the Appellate Tribunal may allow the appeal after expiry of 30 days if it is satisfied that there is a sufficient cause in not filing the appeal in time but such period should not exceed 15 days. There is no other proviso in the Code, which is complete in itself, for the purpose for providing a window for filing the appeal beyond the period of 45 days. 10. The plain reading of the a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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