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Judgment
This order shall dispose of I.A. No. 3671 of 2022 filed at the instance of the Appellant for seeking condonation of delay of 479 days (as alleged in court) in filing of the present appeal.
The impugned order was passed on 18.03.2021 and the appeal is filed on 10.08.2022. The limitation to file an appeal against the order of the Tribunal is 30 days, however, a delay of 15 days can be condoned by this Tribunal if a sufficient cause is assigned to the Appellant.
It has been held by the Hon’ble Supreme Court in the case of National Spot Exchange Limited Vs. Mr. Anil Kohli, RP for Dunar Foods Limited, Civil
Appeal No. 6187 of 2019 that “In view of the afore-stated settled proposition of law and even considering the fact that even the certified copy of the order passed by the adjudicating authority was applied beyond the period of 30 days and as observed hereinabove there was a delay of 44 days in preferring the appeal which was beyond the period of 15 days which maximum could have been condoned and in view of specific statutory provision contained in Section 61(2) of the IB Code, it cannot be said that the NCLAT has committed any error in dismissing the appeal on the ground of limitation by observing that it has no jurisdiction and/or power to condone the delay exceeding 15 days.”
Since, there is a delay of more than 15 days after consuming the statutory period of 30 days, there is no jurisdiction vest with this Tribunal to consider the application for condonation of delay of 479 days. Thus, the application is hopelessly barred by limitation and therefore, the same is hereby dismissed.
Since, the application for condonation of delay has been dismissed by a separate order passed today, therefore, the appeal is not duly constituted and the same is hereby dismissed as such.
Company Appeal (AT) (Ins.) No. 315 of 2021
Counsel for the Appellant has submitted that since the appeal i.e. CA (AT) (Ins) No. 1210 of 2022 has been dismissed today on account of being barred by limitation, therefore, this appeal has also become infructuous and is dismissed as such as this appeal has been filed against the admission of Section 7 application. Dismissed as infructuous.