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Judgment
There is an Application (I.A. No. 3243 of 2022) praying for condonation of 72 days delay in refiling the Appeal. Ground taken in the Application is that the Learned Counsel for the Appellant suffered viral fever. Medical Certificate has been annexed and thereafter there was ceremony in the family due to which delay in refiling was caused. Cause shown sufficient. Delay in refiling the Appeal is condoned.
This Appeal has been filed against the Order dated 02.12.2019 passed by the National Company Law Tribunal, Mumbai Bench. This Appeal has been filed before this Tribunal on 30th May, 2022.
Learned Counsel for the Appellant sought to contend that copy of the Order was received by the Appellant on 12.02.2020. The certified copy which is annexed, is a “free of cost” copy which was received by the Appellant on 12.02.2020. It has been clearly laid down by the Hon’ble Supreme Court in the matter of “V. Nagarajan Vs. SKS Ispat and Power Limited” decided on 22.10.2021 that the Appeal has to be filed within 30 days and exclusion of the period during which certified copy remained under preparation shall be granted. Appellant cannot await receiving the “free of cost” copy in filing the Appeal. In this Appeal, 30 days’ limitation expired on 1st January, 2020 and thereafter 15 days which is extendable by this Tribunal under Section 61(2) of the IBC, 2016 also expired in January, 2020 itself. The Appeal is clearly barred by time since delay is more than 15 days after expiry of the period of limitation. This Appellate Tribunal is unable to condone the delay beyond 15 days as per provision under Section 61(2) of the Code. The Appeal is dismissed as barred by time.