Yerramaneni Ramakrishna & Ors. Vs Suraksha Realty Ltd. & Ors. (NCLAT Delhi)
Summary: The National Company Law Appellate Tribunal, Delhi, considered IA No. 5760 of 2024 and IA No. 5765 of 2024 seeking condonation of 15 days’ delay in filing two Appeals against an order of the Adjudicating Authority, National Company Law Tribunal, Ahmedabad Court-2. The impugned order had been pronounced on 13.05.2024, while both Appeals were e-filed on 28.06.2024. The office report recorded that the 30-day limitation period expired on 12.06.2024 and that the Appeals were filed on the 16th day after expiry of the 30-day limitation period.
Counsel for the Appellants submitted that limitation should be computed from 14.05.2024 because the order dated 13.05.2024 was corrected suo moto by the Adjudicating Authority on 14.05.2024. According to the Appellants, the order dated 13.05.2024 should be treated as having merged with the order dated 14.05.2024 and the limitation period should consequently be calculated from 14.05.2024, making the delay only 15 days. The Appellants relied upon Ashok Tiwari vs. Tattva & Mittal Lifespaces Pvt. Ltd.- Company Appeal (AT) (Insolvency) No. 729 of 2023, decided on 31.10.2023.
The Respondent opposed the applications, submitting that the Appeals were filed beyond the condonable period of 15 days. It was submitted that the order had actually been pronounced on 13.05.2024 and that the subsequent order dated 14.05.2024 merely corrected a typographical error in the date of pronouncement, which had incorrectly been stated as 13.06.2024. The Respondent relied upon V. Nagarajan vs. SKS Ispat and Power Ltd. & Ors., (2022) 2 SCC 244, for the proposition concerning commencement of limitation after pronouncement of the order.
