TMI Blog2023 (7) TMI 833X X X X Extracts X X X X X X X X Extracts X X X X ..... hi Bench. Admittedly, in the instant case, the Impugned Order came to be passed by the Adjudicating Authority/ Tribunal, on 29/01/2021 and the Appeal, was filed by the Petitioner/ Appellant, on 15/12/2021, with a Delay, of 290 days, which is an unacceptable one. In reality, the said delay of 290 days, is not to be condoned, by virtue of the decision of the Supreme Court in the matter of V NAGARAJAN VERSUS SKS ISPAT AND POWER LTD. ORS. [ 2021 (10) TMI 941 - SUPREME COURT] . Appeal dismissed. - IA No. 719/2021 in Company Appeal (AT) (CH) (Ins) No. 347/2021 (Filed under Rule 11 of NCLAT Rules, 2016) - - - Dated:- 17-4-2023 - Justice M. Venugopal Member (Judicial) And Shreesha Merla] Member (Technical) For the Appellant : Mr. S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as informed about the approval of the Resolution Plan , as soon as, was made to be aware of, they had obtained the web copy of the Order , dated 29/01/2021 and hence the Petitioner / Appellant , has preferred the instant Appeal , with a Delay of 290 days , which is neither wilful nor wanton , but due to the aforesaid reason. Hence, on behalf of the Petitioner / Appellant , a Prayer , is made for allowing of IA No. 719/2021 in Company Appeal (AT) (CH) (Ins) No. 347 of 2021, by this Tribunal in the Interest of Justice . Conversely, it is the Submission of the Learned Counsel for the Respondent / RP, that the instant Appeal , is barred by Limitation , as per Section 61 of the Insolvency and Bankruptcy Code, 2016, becau ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rievance. The Appellant having failed to apply for a Certified Copy, rendered the Appeal filed before the NCLAT as clearly barred by limitation. The crystalline stand of the Respondent , is that the instant Appeal is not maintainable, in Limine , without traversing upon, the merits of the main matter / Appeal . In this connection, it is not out of place, for this Tribunal , to make a pertinent mention that in the Order , dated 04/11/2022, of this Tribunal , in IA No. 3349 of 2022 in C.A. (AT) (Ins) No. 1124 of 2022, in Isolux Corson India Engineering Constructions Pvt. Ltd., through its Liquidator, CA Rajeev Bansal Vs. Shailesh Verma, Erstwhile Resolution Professional of South East U.P. Power Transmission Company Ltd. 2 O ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hing Certified Copy of every Order , passed by the Tribunal to be given to the Parties . Para 8: More importantly, Section 421(3) of the Companies Act, 2013 provides that Every Appeal under Sub-Section (1) shall be filed within a period of forty-five days from the date on which a copy of the Order of the Tribunal is made available to the person aggrieved and shall be in such form, and accompanied by such fees, as may be prescribed. However, a mere running of the eye of the ingredients of Section 61(2) of the Insolvency Bankruptcy Code, 2016, unerringly exhibits that the said Section is conspicuously silent about the words a copy of the order is made available to the person aggrieved, etc . By and large, if a Liti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Delay , of 15 days , of course, after the expiry of 30 days , from the date of passing of the Impugned Order , by an Adjudicating Authority / National Company Law Tribunal, Kochi Bench . Admittedly, in the instant case, the Impugned Order in IA/224/KOB/2020 in IBA/49/KOB/2019, came to be passed by the Adjudicating Authority / Tribunal , on 29/01/2021 and the Appeal , was filed by the Petitioner / Appellant , on 15/12/2021, with a Delay , of 290 days , which is an unacceptable one. In reality, the said delay of 290 days , is not to be condoned, by virtue of the decision of the Supreme Court in Civil Appeal No. 3327 of 2020 in the matter of V. Nagarajan Vs. SKS Ispat and Power Limited (LL 2021 SC 581), as mentioned Sup ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
