Tribunals and CommissionsDivision Bench(2023) 03 NCLAT CK 0039

Deepak Kulkarni vs Bank Of Maharashtra

National Company Law Appellate Tribunal · Decided on 17 March 2023

HON’BLE JUDGES
Ashok Bhushan, Chairperson · Barun Mitra, Member (T)
RESULT
Dismissed
CASE NUMBER
Company Appeal (AT) (Insolvency) No.319 Of 2023 & I.A. No. 1088 Of 2023

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Judgment

4 paragraphs · 189 words

I.A. No. 1088 of 2023:

1.

This is an application praying for condonation of delay of 1244 days. This appeal has been filed on 21.02.2023 against the order dated 26.09.2019 passed by the Adjudicating Authority.

2.

In the application for condonation of delay it has been mentioned that Company Appeal (AT) (Ins) No. 414 of 2022 was filed by the Directors of the Corporate Debtor in August, 2021 against the same order, which Appeal was dismissed by this Tribunal by order dated 19.04.2022.

3.

We fail to see that when an appeal against the same order on the ground that it is barred by time was dismissed since delay condonation application was rejected, how another appeal can be filed by one Director challenging the same order. The earlier appeal although was filed in the name of the Corporate Debtor but was signed by the Director. Hence, there is no occasion to file this Appeal again against the same order. The Appeal is hopelessly barred by time and is abuse of the process of the Court. We dismiss the application as barred by time. The Memo of Appeal is rejected.