TMI BlogAppeals and Appellate authority [ Section 61 ]X X X X Extracts X X X X X X X X Extracts X X X X ..... l: 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. Sufficient Cause Means a cause which is beyond the control of the party invoking the aid of the act. The Limitation act including section 14 would not apply to appeals filed before a quasi-judicial tribunal. In case of kumar dutta prop. K.D. Trading vs. Simplex Infrastructure Ltd. and Asha Goyal vs. Pharma traders Pvt. Ltd. NCLT has held that the provisions of section 61 of the limitation act cannot be made applicable to appea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iation of corporate insolvency resolution process passed under section 54-O(2) may be filed on grounds of material irregularity or fraud committed in relation to such an order. Relevant Case Laws SEL Manufacturing Company Ltd. Anr. Vs. Union of India Ors. 2018 (5) TMI 576 - HC, Punjab and Haryana Dated 01.05.2018 There is a sea of difference between erroneous exercise of jurisdiction or lack of jurisdiction by a tribunal. The erroneous or failure to exercise jurisdiction by a tribunal is a ground which can effectively be taken before the Appellate Authority. Custodial Services (India) Pvt. Ltd. Vs. Metafilms (India) Ltd. [CA (AT) (Ins.) No. 183 of 2017 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ess conferred specifically or by necessary implications. Committee of Creditors of Leel Electricals Ltd. Vs. Arvind Mittal, IRP of Leel Electricals Ltd. [Contempt Case (AT) No. 01 of 2021 in CA (AT) (Ins.) No. 1100 of 2020] NCLAT Dated 29.01.2021 The NCLAT dropped the contempt proceedings admitted against the IRP, on an application filed by CoC as the latter was in the process of approaching IBBI for taking action against the IRP. National Spot Exchange Ltd. Vs. Mr. Anil Kohli, RP for Dunar Foods Ltd. 2021 (9) TMI 1156 - SC Dated 14.09.2021 Considering section 61(2) which provide that delay beyond 15 days in preferring the appeal is uncondonable, the same cannot be condoned even in exercise ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
