Directorate of Enforcement Vs Anil Kumar Mittal (NCLAT Delhi)
NCLAT Delhi held that limitation period u/s. 61(2) of the Insolvency and Bankruptcy Code commences from date of order and not dependent on knowledge of order to ED. Further, once prescribed and condonable periods expires, NCLAT has no jurisdiction to entertain appeal.
Facts- The appeal has been filed by the appellant under Section 61 of the Insolvency and Bankruptcy Code, 2016 challenging the order dated 07.01.2025 passed by the adjudicating authority. By the impugned order, adjudicating authority has allowed the application filed by the Resolution Professional (RP) praying for approval of the resolution plan of the corporate debtor, Varutha Developers Private Limited.
Importantly, impugned order having been passed on 07.01.2025, 30 days period for filing the appeal came to an end on 06.02.2025. 15 days extendable period shall also come to an end on 21.02.2025. Appeal has been e-filed on 09.04.2025. The ground for delay condonation as mentioned in the application is that appellant, Directorate of Enforcement acquired knowledge of the order dated 07.01.2025 only on 25.02.2025 in the proceeding ongoing before Appellate Tribunal PMLA. It was further pleaded that Enforcement Directorate (ED) was not party, hence the period of limitation required to be calculated from the date on which ED acquired knowledge of order dated 07.01.2025.
