AI Structured Summary
Not yet generated for this judgment
Judgment
Per : Justice Sharad Kumar Sharma, Member (Judicial):
The defect as pointed out by the Registry would stand over-ruled. The Registry is directed to assign regular number to the Company Appeal.
This is a Company Appeal that has been preferred by the Appellant by invoking the provisions contained under Section 61 of the I & B Code, 2016, wherein they had put a challenge to the Impugned Order of 17.10.2019, that was passed by the Ld. Adjudicating Authority, Hyderabad Bench in IA No. 703 of 2019 in CP (IB) No. 275 / 7 / HDB / 2018.
As a consequence of the impugned order, the Ld. Adjudicating Authority has proceeded to approve the Resolution Plan, which has been submitted by the Resolution Applicants i.e. the Consortium of Sri City Private Limited and KCR Enterprise LLP, along with an addendum plan, which already stood approved by the Committee of Creditors by its 75.9% voting.
Few dates would be relevant for the purposes of the instant Company Appeal:
On 17.10.2019, the impugned order was passed by the Ld. NCLT, Hyderabad Bench.
The order was admittedly uploaded on 01.11.2019.
The upper limit for preferring of the Appeal under Section 61 of I & B Code, 2016 is provided under Section 61(2) of I & B Code, 2016, i.e. 45 days, which would be lapsing on 16.12.2019.
The Company Appeal was e-filed on 31.08.2021, along with an Affidavit filed with Stay Application, which was shown to have been sworn on 15.12.2021 and also an Affidavit that was filed in support of the Condone Delay Application, was shown to have been sworn on 23.12.2021.
On a simpliciter calculation of dates as given hereinabove by the Appellant itself, the limitation for filing of the Appeal, as per the statute stands lapsed on 16.12.2019, even if it is determined from the date of the uploading of the Judgment i.e. on 01.11.2019.
E-filing of an Appeal on 31.08.2021, will not entitle the Appellant to take the benefit of the Suo-Moto Judgment, as then it was rendered by the Hon’ble Apex Court, granting an extension of limitation from 15.03.2020 to 28.02.2022, due to Covid-19 situation, as the upper limit of limitation period had already expired even much prior to the commencement of period of exemption as granted by the Hon’ble Apex Court in the Suo Moto Writ Petition No. 3 / 2020.
The diligence with which the Appellant, is expected to participate in the proceedings is not to be seen in the instant case. It is seen that, even after the e-filing of the Appeal on 31.08.2021, the matter remained pending and on as many as six occasions, the Appellant did not even appear to argue the Appeal, leading to adjournment of the case. Ultimately, the Company Appeal was dismissed for want of prosecution and even the Restoration Application, that was filed thereafter was also dismissed for want of prosecution. Later on, a Restoration Application No. 19 / 2024 was filed by the Appellant for recall of the order dated 06.08.2024. The said application was allowed by an order dated 16.07.2025, passed by this Tribunal.
On a simpliciter calculation of the dates, since the limitation prescribed for preference of the Company Appeal, as per the provisions of Section 61 of I & B Code, 2016, has expired on 16.12.2019 i.e. much prior to the commencement of exemption period pronounced by Hon’ble Apex Court on account of Covid-19 situation. The Appeal has been filed much thereafter, only on 31.08.2021 and therefore, the same would not be maintainable because the delay in filing of an Appeal, cannot be condoned under any circumstances, beyond the upper limit as prescribed under the proviso to sub-section (2) of Section 61 of I & B Code, 2016.
Apart from it, as can be seen from the case history and from the manner in which the Appellant has pursued the Appeal, it is clear that the Appellant has shown absolutely lack of interest and diligence in contesting the matter on its merit. Moreover, the Resolution Plan, which has been approved, as back as on 17.10.2019, by the impugned order, has attained its finality and the same cannot be permitted to be put to challenge at this belated stage, by an Appeal filed on 31.08.2021, much after the expiry of the period of limitation as laid down in Section 61(2) of the Code, against the impugned order of 17.10.2019.
Owing to the aforesaid fact itself, we decline to entertain the instant Company Appeal. Accordingly, the Company Appeal (AT) (CH) (INS) No. 900862 / 2024 would stand dismissed, on the ground of limitation.