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TMI Blog2025 (5) TMI 1145X X X X Extracts X X X X X X X X Extracts X X X X ..... chnical ) ] This is an Application bearing I.A. No. 8538 of 2024 in Company Appeal (AT) (Insolvency) No. 2270 of 2024 seeking condonation of delay in filing the Appeal against the Order dated 02.08.2024 passed by the National Company Law Tribunal, Kolkata Bench ("Adjudicating Authority"). This Order was passed in IA (IB) No. 503/KB/2024 arising out of earlier order dated 22.12.2023 in C.P. (IB) No. 25/KB/2022. The Impugned Order was passed on 02.08.2024 which was a modification of an earlier order dated 22.12.2023 vide which a Resolution Plan for Corporate Debtor was approved by NCLT. Perusal of this order indicates that it was only a correction. 2. The Appellant claims that there is a condonation of delay of only 11 days in filing this A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ot been uploaded on the NCLT, Kolkata website till date. It is claimed that Impugned Order was not pronounced in the open court which can be concluded from the perusal of the cause list dated 02.08.2024. Appellant further claims that the RP vide its email dated 16.08.2024 had not attached the order approving the Resolution Plan. Also, it did not provide the Resolution Plan to the Appellant. The Appellant vide its letter dated 29.08.2024 requested the RP to justify the formula whereby their claim of about 0.3% was admitted. On 05.09.2024, the Appellant once again sent an email to RP seeking details, as asked for earlier on 29.08.2024. Later on, when no response was received the Appellant through its Advocate in Guwahati, applied for certifie ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tation expires on a day when the court is closed then the Appeal may be preferred on the day when the court opens. Hence, the limitation would start from 14.10.2024. If calculated from 14.10.2024 there is a 11 days delay, which is within condonable period. 4. We have heard Learned Counsel for both the parties and perused the material on record. 5. For better appreciation of the case in hand, the important dates are noted as below : Event Date Date of Knowledge of order dated 02.08.2024 as claimed by the Appellant A 16.08.2024 Date of Supply of order by RP to the Appellant B 07.09.2024 Date of Application for Certified Copy C 06.09.2024 Date of Receipt of Certified Copy D 09.09.2024 Date of Filing of the instant Appe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al of Resolution Plan. We find that the Appellant has not been vigilant and not taking timely action in pursuing the Orders passed by the Adjudicating Authority on 22.12.2023 and even in this Appeal has filed beyond condonable period. 7. Now we further examine various dates to look into any further merits of the condonation of delay, basis the claims of Appellant, as provided in his APB and also the Rejoinder in response to the Reply filed by the Respondent on the condonation of delay application. As per materials on record, the crucial dates are tabulated as per following format for our analysis: Event Date Date of Knowledge of order dated 02.08.2024 as claimed by the Appellant A 16.08.2024 Date of Supply of order by RP to t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bstantive order on 22.12.2023. 9. Section 61(2) of the Code binds the jurisdiction of the Appellate Tribunal to condone the Appeal filed after the expiry of 30 days by 15 days. The relevant extract of the provision is as follows: "61(2) Every appeal under sub-section (1) shall be filed within thirty days 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." 10. The Appellant also relies upon the judgment of Hon'ble Supreme Court in Sanjay Pandurang Kalate vs. Vistra ITCL India ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... efore 30-5-2023, there was no occasion for the appellant to lodge an application for a certified copy on 17-5-2023. Time for filing an appeal would commence only when the order appealed from was uploaded since prior to that date no order was pronounced." [emphasis supplied] This may not be of any help to the Appellant as the present case is clearly distinguishable. The Appellant itself admits to have the knowledge of the Impugned Order at the worst case as on 16.08.2024. Moreover, this was a modification order and substantive order was issued on 23rd August 2023, which the Appellant had not challenged. The Appellants arguments that limitation for filing of Appeal under Section 61 of IBC would commence from 18th September 2024 i.e. the da ..... X X X X Extracts X X X X X X X X Extracts X X X X
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