Sridhar Cherukuri Vs Dr. G.V. Narasimha Rao (NCLAT Chennai)
NCLAT Chennai refused to condone the delay in filing of an appeal as in the presentation of the ‘Appeal’ there was delay of 2 days, after 45 days, and the same is beyond a period of limitation.
Facts- As per section 61 of the Insolvency and Bankruptcy Code, 2016, every appeal should be filed within 30 days. The impugned order passed by the National Company Law Tribunal (Adjudicating Authority) was passed on 26.10.2022. Accordingly, appeal filing period expired on 25.11.2022.
The appeal was e-filed by the assessee on 09.12.2022 and appeal was filed in physical mode on 12.12.2022. Accordingly, the assessee is praying for condonation of delay.
Conclusion- The period of Limitation as per `Order’ of this Tribunal dated 21.10.2022, shall be `calculated’ from the presentation of the `Appeal’, in the instant case, the `Appeal’, having been presented by the `Appellant’, (submission of `Appeal papers’, through physical mode (on 12.12.2022), on the `47th day’, which is beyond the `45 days’ (30 + 15 days), clearly `barred’ by `Limitation’.
Also that, the further `delay of 2 days’, after `45 days’, is beyond a period of Limitation (30 + 15 days), which cannot be `condoned’, by this `Appellate Tribunal’, and in this regard, this `Tribunal’ has no `power’ to `excuse’ the same.
FULL TEXT OF THE NCLAT JUDGMENT/ORDER
According to the `Petitioner / Appellant’ (not being a `Party’), to the IA (IBC) No. 39 of 2022 in TCP (IB) No. 33 / 7 / AMR /2019, filed by the `1st Respondent / `Liquidator’ / `Petitioner’, after coming to know of the `impugned order’ dated 26.10.2022, passed by the `Adjudicating Authority’, (`National Company Law Tribunal’, Amaravati Bench), has preferred the instant Comp. App (AT) (CH) (INS) No. 13 of 2023, as an `Aggrieved Person’, seeking to `condone the delay of 17 days’ in preferring the instant `Appeal’.
2. The `Petitioner / Appellant’, had applied for a certified copy of the `impugned order’ dated 26.10.2022 in IA (IBC) No. 39 of 2022 in TCP (IB) No. 33 / 7 / AMR /2019, and that the said copy, was made available to him, only on 24.11.2022.
3. Further, the limitation for filing an `Appeal’, had expired on 11.2022 and that in the `Notes of Submissions’, the `Petitioner / Appellant’, had mentioned that in IA No. 34 of 2023 in Comp. App (AT) (CH) (INS.) No. 13 of 2023, the `delay was mistakenly mentioned as `17 days’, instead of `14 days’, and the `mistake’ was only an `inadvertent error’.
Appellant’s Contentions:
4. The Learned Senior Counsel for the `Petitioner / Appellant’ submits that, the computation of 14 days in preferring the instant `Appeal’, as per the provisions of Section 61 (2) of the I & B Code, 2016, is shown as under:
