Gangaprasad R Tripathi vs Budhale Engineer Pvt. Ltd. & Ors.

[Per : Justice Rakesh Kumar Jain (Oral)

This application is filed for seeking condonation of delay of 356 days in filing of the appeal. The Impugned Order was passed on 11.02.2021 and the appeal has been filed on 28.01.2022.

The reason given in the application is that the Impugned Order came to the knowledge of the Appellant on 30.04.2021. Although it is well settled that in the IBC regime the limitation is to be counted from the date of passing of the order and not from the date of knowledge of the order but even if the date of knowledge is taken for the purpose of counting the period of limitation, the appeal has been filed on 28.01.2022 after knowing about the Impugned Order on 30.04.2021 which is clearly barred by limitation as there is a specific period of 30 days prescribed under Section 61(2) of the Code which can further be extended for a further 15 days in terms of Section 61 (2) proviso.

The Hon’ble Supreme Court in case of National Spot Exchange Limited Vs. Anil Kohli, Civil Appeal No. 6187 of 2019 has categorically held that the period of limitation cannot be extended beyond the period of 15 days even resorting to Article 142 of the Constitution of India.

In view thereof, the application is hereby dismissed as not maintainable.

Since, we have dismissed the application bearing I.A. No. 175 of 2023 for condonation of delay, therefore, the present appeal is not found to be duly constituted and the same is hereby dismissed.