Case Law Details
Essjay Ericsson Private Limited Vs Frontline (NCR) Business Solutions Pvt. Ltd. (NCLAT Delhi)
When the limitation has extended by the Hon’ble Supreme Court in the orders noted above, for a period covering extension of limitation neither application is required nor there is any discretion of Court or Tribunal to consider sufficiency of delay. We are of the view that unless the observations of the Delhi High Court in paragraphs 13 and 15 are not read to be with regard to period not covered by Hon’ble Supreme Court Judgment, the said observations shall be clearly in conflict with direction of the Hon’ble Supreme Court and cannot be held to be correct law.
In the present case, the impugned judgment passed on 08.06.2021 and Appeal having been filed on 02.09.2021, both dates being fully covered within the order dated 08.03.2021 and last order dated 23.09.2021, there was no requirement of filing an Application for condonation of delay by the Appellant and the Appeal cannot be held to be barred by time. We, thus, overrule the objection raised by the Counsel for the Respondent and hold the Appeal to be within time.
FULL TEXT OF THE NCLAT JUDGMENT/ORDER
This Appeal has been filed against the judgment and order dated 08.06.2021 in Company Application No. 878/ND/2020 passed by the by the Adjudicating Authority (National Company Law Tribunal), New Delhi Bench V, by which Application under Section 9 of the Insolvency and Bankruptcy Code, 2016 (“I&B Code” for short) by the Appellant has been rejected.
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