Directorate Of Enforcement vs Committee Of Creditors & Ors.

04.07.2023: Heard Learned Counsel Mr. Varun Mishra appearing for the Appellant.

IA No. 2605 of 2023 – This is an application praying for condonation of delay of 789 days in filing the appeal. The order impugned was passed by the Adjudicating Authority on 14.12.2020. The Appellant has filed this appeal on 13.03.2023.

Learned Counsel for the Appellant submits that Appellant came to know about the related party only in the end of the March, 2023 and then appeal was filed on 13.03.2023. He submit that limitation for filing the appeal shall run only when Appellant came to know about the related party. He relies on Section 17 of the Limitation Act.

Learned Counsel for the Respondent has refuted the submission and submitted that limitation for filing the appeal starts on the date when the order was pronounced.

Learned Counsel for the Respondent has placed reliance on the judgement of Hon’ble Supreme Court in V.Nagarajan Vs. SKS Ispat & Power Ltd. & Ors. (2022) 2 SCC 244.

It is further submitted that Appeal filed by the Appellant with similar delays has already been rejected. Reference has been made to the order of this Tribunal dated 16.11.2022 in Comp. Appl.(AT)(Ins.) No. 1087 of 2022 in the matter of Directorate of Enforcement Vs. Prashant Jain.

We have considered the submission of the Learned Counsel for the Appellant and perused the records.

The limitation to file the appeal as per the judgement of Hon’ble Supreme Court in V.Nagarajan Vs. SKS Ispat & Power Ltd. & Ors. (2022) 2 SCC 244 shall commence when the order was pronounced, the said limitation cannot be remain suspended till the Appellant came to know about the relevant facts for filing the appeal.

We do not find any substance in the submission of the Appellant on basis of which the delay in filing the appeal can be condoned. The delay condonation application is dismissed. The memo of appeal is rejected.