TMI Blog2023 (3) TMI 1278X X X X Extracts X X X X X X X X Extracts X X X X ..... cause for not filing the appeal within the prescribed time - The present appeal has been filed beyond the period of 45 days i.e. a period of 30 days provided in Section 61(1) and 15 days provided in proviso to Section 61(2). Reliance placed upon two judgments of the Hon ble Supreme Court in the case of V. Nagarajan Vs. SKS Ispat and Power Limited [[ 2021 (10) TMI 941 - SUPREME COURT] ] and National Spot Exchange Limited Vs. Mr. Anil Kohli, RP for Dunar Foods Limited [[ 2021 (9) TMI 1156 - SUPREME COURT] ], where it was held that considering the statutory provisions which provide that delay beyond 15 days in preferring the appeal is uncondonable, the same cannot be condoned even in exercise of powers under Article 142 of the Constitutio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... king Rule 11 of the NCLAT Rules, 2016 (in short Rules, 2016) for condonation of delay of 12 days in filing of the appeal. In Para 3 of the Application, reasons have been assigned for condonation of delay alleging that this appeal petition delay is due to multi ailments of health issues of Appellant who is 70 years old senior citizen having under gone heart surgery, suffering from self-collapse of vertebral D10 D11 causing difficulty in body movements, high level diabetic problem blood pressure and also a post corona patient with law immunity to recurring fall prey to infections and viral ailments resulting in communication gap of the Appellant with his counsel in delay in filing the appeal petition. That the delay is neither intention ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... der 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 days1 before the National Company Law Appellate Tribunal: Provided that the National Company Law Appellate Tribunal may allow an appeal to be filed after the expiry of the said period of thirty days if it is satisfied that there was sufficient cause for not filing the appeal but such period shall not exceed fifteen days 7. As per Section 61(1) any person aggrieved by the order of the Adjudicating Authority under this part may file an appeal to the Appellate Tribunal. As per Section 61(2) every appeal which is to be filed under Section 61(1) has ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... me requisite for obtaining a copy of the decree or order appealed against. It is not open to a person aggrieved by an order under the IBC to await the receipt of a free certified copy under Section 420(3) of the Companies Act 2013 read with Rule 50 of the NCLT and prevent limitation from running. Accepting such a construction will upset the timely framework of the IBC. The litigant has to file its appeal within thirty days, which can be extended up to a period of fifteen days, and no more, upon showing sufficient cause. A sleight of interpretation of procedural rules cannot be used to defeat the substantive objective of a legislation that has an impact on the economic health of a nation. 9. In the case of National Spot Exchange Limite ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
