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Judgment
O R D E R
This appeal is filed along with I.A. No. 1063 of 2020 for seeking condonation of delay of 18 days in filing of the appeal.
It is not in dispute that the impugned order was passed on 04.12.2019 and the appeal has been filed on 20.01.2020. As per Section 61 of the IBC, 2016 any person aggrieved against the order of the Tribunal has a right to maintain the appeal before the Appellate Authority but as per Section 61 (2), the period prescribed for filing such an appeal is 30 days. However, as per Section 61 (2) proviso a period of another 15 days is available with the appellant to file the appeal but with an application for condonation of delay.
It is the incumbent upon the appellant to assign sufficient cause to the Appellate Authority for the purpose of condoning the delay in filing the appeal but in no case the period of 15 days, provided in the proviso under Section 61 (2), can be extended any further and in this regard we are supported by the Judgment of Hon’ble Supreme Court in the case of “National Spot Exchange Limited vs. Anil Kohli” in which the Hon’ble Supreme Court has held that the delay beyond 15 days cannot be condoned even under Article 142 of the Constitution of India.
In such circumstances, without going into the merits of the case, we are of the considered opinion that the application filed beyond the period of 15 days is not maintainable as this Appellate Tribunal has no jurisdiction to consider and condone, even if, sufficient cause is shown.
Consequently, the application is hereby dismissed and as a result thereof, the appeal is also dismissed.