Tribunals and CommissionsFull Bench(2024) 02 NCLAT CK 0016

Kumar Vocational Courses Academy Pvt. Ltd vs Pawan Kumar Agrawal Rp Ksbl Securities Ltd. & Anr

National Company Law Appellate Tribunal · Decided on 7 February 2024

HON’BLE JUDGES
Ashok Bhushan,Chairperson · Barun Mitra, Member (T) · Arun Baroka, Member (T)
RESULT
Dismissed
CASE NUMBER
Company Appeal (AT) (Insolvency) No.201 Of 2024 & I.A. No. 694 Of 2024

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Judgment

3 paragraphs · 179 words
1.

I.A. No. 694 of 2024: This is an application praying for condonation of 872 days’ delay in filing the appeal. Order impugned is dated 18.06.2021. Appeal has been e-filed on 07.12.2023. Ground taken by the Appellant is that he has received notice only on 23.08.2023 when he came to know about the order.

2 The notice referred to by the Appellant is the notice which was issued by the Adjudicating Authority under Section 66 application which order of the Adjudicating Authority was passed on 09.08.2023. The order dated 18.06.2021 was the order admitting Corporate Debtor into CIRP. The fact that under 66 application notice was issued to the Appellant in August, 2023 is not relevant in condoning delay in filing appeal against the order dated 18.06.2021.

3.

Our jurisdiction to condone delay is limited to 15 days after expiry of period of 30 days as per Section 61(2) proviso. We are unable to condone such inordinate delay of 872 days in filing the appeal. Application for condonation of delay is dismissed. In result, Memo of Appeal is rejected.