TMI Blog2023 (11) TMI 829X X X X Extracts X X X X X X X X Extracts X X X X ..... he period of 30 days is further extended to another 15 days but with a rider that the Applicant has to assign a sufficient cause, to the satisfaction of the Appellate Authority, for not filing the appeal within the period of 30 days and (4) the period of 15 days cannot further be extended. In the case of NATIONAL SPOT EXCHANGE LIMITED VERSUS MR. ANIL KOHLI, RESOLUTION PROFESSIONAL FOR DUNAR FOODS LIMITED [ 2021 (9) TMI 1156 - SUPREME COURT] the Hon ble Supreme Court has categorically held that the Appellate Tribunal has no jurisdiction to condone the delay beyond the period of 15 days. Since, the Code is complete in itself and there are various timelines provided for the completion of CIRP and also Liquidation Process, therefore, the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n for seeking condonation of delay is not a sufficient reason as it was not beyond the control of the Appellant because this Court is not satisfied with it that the signatory authority could not even sign the appeal within the period of 30 days and in the extended period of 15 days as well - the present application is found to be totally bereft of reason and denuded of merit and the same is hereby dismissed. Application dismissed. - [Justice Rakesh Kumar Jain] Member (Judicial) And [Ms. Shreesha Merla] Member (Technical) For the Appellant : Dr. M. Sathya Kumar, Adv. For the Respondents : Mr. S. Kaushik Ramaswamy, Adv. ORDER Per : Justice Rakesh Kumar Jain: This appeal is filed by the Corporate Debtor und ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ilability of the applicant for signing purposes as he was suffering from health-related issues. 5. During the course of hearing, we had pointedly asked Counsel for the Appellant as to what was the health-related issues because of which the appeal could not be filed within the prescribed period of 30 days and then further till the expiry of 14 days and appeal is filed i.e. 15th day to which he replied that the signing authority was suffering from fever. It is needless to mention that no evidence has been brought on record to even prove this fact that signing authority was down with fever and that the fever continued for 45 days and was of such a nature the appeal could not have been signed. 6. We have heard Counsel for the Applicant ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he period of 15 days cannot further be extended. 9. In the case of National Spot Exchange Ltd. Vs. Mr. Anil Kohli, RP of Dunar Foods Ltd., Civil Appeal No. 6187 of 2019 the Hon ble Supreme Court has categorically held that the Appellate Tribunal has no jurisdiction to condone the delay beyond the period of 15 days. Meaning thereby, if the appeal is filed on 46th days then the application for condonation of delay shall not be maintainable as it would be beyond the jurisdiction of the Tribunal to consider and decide such an application. The Hon ble Supreme Court has gone to an extent to hold that the period beyond 15 days cannot even be extended under Article 142 of the Constitution of India. 10. Since, the Code is complete in itself an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing of the Court, Counsel for the Appellant has submitted that the signing authority was down with fever though no evidence has been brought on record in this regard also. It appears to us that the Appellant has been totally casual not only in filing the appeal but also filing the application for condonation of delay, may be because the appeal filed within the period of 15th day is also considered a matter of right. 12. In the aforesaid facts and circumstances, we have no other alternative but to hold that the reason given in the application for seeking condonation of delay is not a sufficient reason as it was not beyond the control of the Appellant because this Court is not satisfied with it that the signatory authority could not even s ..... X X X X Extracts X X X X X X X X Extracts X X X X
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