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Judgment
This Appeal has been filed against the Order dated 08.11.2019 passed by National Company Law Tribunal, Kolkata Bench in CP(IB) No. 762/KB/2017. The Appeal has been filed challenging the said Order in this Tribunal on 13th May, 2022. The Appeal being barred by time, an Application for condonation of delay has been filed by the Appellant.
Learned Counsel for the Appellant submits that the Order passed by the Adjudicating Authority was nullity and there was no jurisdiction with the National Company Law Tribunal to pass the Order. He submits that the said question of jurisdiction can be raised by the Appellant at any stage.
We have considered the submissions of Learned Counsel for the Appellant. The Limitation for filing an Appeal under Section 61 of the Insolvency and Bankruptcy Code, 2016 is only 30 days and this Tribunal has jurisdiction to condone the delay up to 15 days only. The limitation for filing the Appeal expired on 07.12.2019 and further period condonable also expired in December, 2019. We are of the view that submissions of the Appellant that Order was nullity and without jurisdiction which are submissions on merits cannot be looked into or gone into in delay condonation application. We are satisfied that Appeal is grossly barred by time and the Delay Condonation Application deserves to be rejected and is rejected consequently the Appeal is rejected as barred by time.