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Judgment
O R D E R
Heard learned Counsel for the Applicant/Appellant.
This application has been filed by the Applicant/Appellant praying for condonation of delay in filing the appeal against order dated 04.05.2022 by which I.A. No. 585/2022 and I.A. No. 2260/2021 have been rejected by the Adjudicating Authority (NCLT, Mumbai Bench).
In the insolvency proceeding, Resolution Plan has been approved on 18.01.2022. The Applicant filed I.A. No. 585 for recalling the order dated 18.1.2022. Another I.A. No. 2260/2021 was filed by the Applicant for directing the Respondent to disclose on an Affidavit, the amount received by the Respondent from the various apartment owners of Mother Highlands Apartment towards maintenance deposit. Both the Applications were rejected by the Adjudicating Authority.
In the application filed for condonation of delay, grounds taken that Applicant was not aware of the order dated 04.05.2022 until 13.07.2022 when one of the Applicant came to know that Application was rejected on 04.05.2022, an affidavit has been filed in support of the Application by Sajith Kunimal Venugopal that his wife is a member of the Appellant Association. He has stated in the Affidavit that he came to know that the Applications were rejected on 04.05.2022 only on 13.07.2022 when he visited the Registry of NCLT. E-mails dated 13.07.2022 and 14.07.2022 have also been relied which were communications between the Counsel and Reply given by the Counsel. In the reply given by the Counsel it was sought to be mentioned that Counsel was present on 04.05.2022 but his presence was not recorded.
The submission of the Applicant/Appellant is that he became aware of the order dated 04.05.2022 only on 13.07.2022 and hence the delay may be condoned. Admittedly, both the Applications were filed by the Applicant/Appellant and in the facts of the present case, Resolution Plan was approved on 18.01.2022. The Appellant should have been vigilant and pursue their Application before the Adjudicating Authority. The ground that they were not communicated by the Counsel about the orders, cannot be sufficient ground for condonation of delay which is beyond 15 days. Our jurisdiction to condone the delay in filing the appeal is only 15 days. The order of 04.05.2022 was challenged on 04.08.2022. The appeal is filed with delay of more than 15 days, we are unable to condone the delay in filing the appeal. Delay condonation Application is dismissed. Consequently, the Memo of Appeal is also rejected.