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Judgment
‘Heard’ the Learned Counsel for the ‘Petitioner’/ ‘Appellant’, in I.A. No. 375 of 2023, in Company Appeal (AT) (CH) (Ins) No. 99 of 2023.
According to the ‘Petitioner’/ ‘Appellant’, he is ‘sixty years old’ and he is ‘sick’. Besides being a resident in remote hill area of Idukki, requiring free arrangements for Travelling, as such, he could not go to his Advocate’s Office, at Kochi and caused the above ‘Appeal Papers’, to be represented, within ‘7 days’ time, granted in this regard, which got lapsed on 01/03/2023. Hence, the delay of ‘8 days’ in representing the Papers has occurred and hence the I.A. No. 375 of 2023, is to be allowed.
This ‘Tribunal’, keeping in mind of the fact that the ‘Delay in Representation’, is only a matter between the ‘Petitioner’/ ‘Applicant’ and the ‘Tribunal’, and the other side has no say in the matter, on being subjectively satisfied, as to the reasons ascribed, in Paragraph 3 of the I.A. No. 375 of 2023, filed by the ‘Petitioner’/ ‘Appellant’, condones the delay of ‘8 days’, in representation and ‘allows’ I.A. No. 375 of 2023 in Company Appeal (AT) (CH) (Ins) No. 99 of 2023.
‘Heard’ the Learned Counsel for the ‘Petitioner’/ ‘Appellant’, in I.A. No. 383 of 2023, in Company Appeal (AT) (CH) (Ins) No. 99 of 2023.
According to the ‘Petitioner’/ ‘Appellant’, the ‘Petitioner’/ ‘Appellant’, was served with the ‘certified copy’ of the ‘Impugned Order’, through e-mail, sent from the ‘Registry’ of the ‘Adjudicating Authority’/ ‘National Company Law Tribunal, Kochi Bench’, on 27/12/2022 and the same was received on 27/12/2022.
It comes to be known that the ‘Impugned Order’, was passed by the ‘Adjudicating Authority’/ ‘National Company Law Tribunal, Kochi Bench’, on 23/12/2022, in I.A. (IBC)/KOB/2022, in C.P.(IBC) No. 18/KOB/2021, and that the ‘Appeal’, should have been preferred by an ‘Aggrieved Person’/ ‘Appellant’, within ’30 days’, from the date of ‘Pronouncement’ of the ‘Order’.
However, in the instant case, the Company Appeal (AT) (CH) (Ins) No. 99 of 2023, came to be filed, before the ‘Office of the Registry’, of this ‘Appellate Tribunal’, on 09/02/2023. In fact, the ’30 days’ period, from the date of ‘Impugned Order’, dated 23/12/2022, expired on 22/01/2023. The ‘45 days’ period, expired on 06/02/2023.
It is to be pointed out that an ‘Aggrieved Party’, can prefer an ‘Appeal’, against an ‘Order’, passed by the ‘Adjudicating Authority’/ ‘National Company Law Tribunal, Kochi Bench’, as per Section 61(1) of the ‘Insolvency and Bankruptcy Code, 2016’, within ’30 days’, from the date of passing of the ‘Order’. As per Section 61(2) of the ingredients of the ‘Insolvency and Bankruptcy Code, 2016’, the ‘Appellate Tribunal’, shall ‘Condone the Delay’, upto ‘15 days’ (after the expiry of 30 days), if a sufficient cause is ‘exhibited’/ ‘shown’, on behalf of the ‘Petitioner’/ ‘Appellant’, as the case may be.
In the instant case, on hand, admittedly, the instant Company Appeal (AT) (CH) (Ins) No. 99 of 2023, came to be filed on 09/02/2023 (after the expiration of ‘30+15=45 days’, the outer limit enunciated under the Insolvency and Bankruptcy Code, 2016). As such, the I.A. No. 383 of 2023, in the instant Company Appeal (AT) (CH) (Ins) No. 99 of 2023, to ‘Condone the Delay’, is not entertained by this ‘Tribunal’ and the same is hereby ‘Rejected’.
ORDER
Consequent to the ‘Dismissal’ of the I.A. No. 383 of 2023 (Condone Delay Application), in Company Appeal (AT) (CH) (Ins) No. 99 of 2023, the instant Company Appeal (AT) (CH) (Ins) No. 99 of 2023, is not entertained and is ‘Rejected’. Connected Pending I.A. No. 384 of 2023 (For Stay), is ‘Closed’.