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Judgment
O R D E R
This order shall dispose of IA No. 1313 of 2023 filed in CA (AT) (Ins) No. 428 of 2023 by which the appellant has prayed for condonation of delay of 36 days in filing of the appeal. According to the appellant, this appeal has been filed against the order passed in IA No. 940 of 2020. The impugned order was passed on 29.03.2023. The appellant came to know about the impugned order on 09.05.2023 and filed the present appeal on 14.07.2023. Counsel for the appellant has admitted that the period prescribed for filing of an appeal against the order of the Adjudicating Authority is only 30 days in terms of Section 61 (2) of the Insolvency and Bankruptcy Code, 2016 (Code). She has also not denied that even after expiry of period of 30 days, the period of 15 days are made available to the appellant to file the appeal with an application for condonation of delay in which the appellant has to assign sufficient for causing the delay. She has also not denied that after the expiry of 15 days the delay cannot be condoned. If the limitation is counted from 29.03.2023, then the period of 30 days would expire on 29.04.2023 and 15 days on 14.05.2023 and even if it is presumed that the limitation is to be counted from the date of knowledge i.e. 09.05.2023 then the 30 days would expire on 09.06.2023 and 15 days on 24.06.2023 whereas the appeal has been filed on 14.07.2023.
Looking from any angle, the delay is more than the period of 45 days which cannot be condoned in view of the decision of the Hon’ble Supreme Court rendered in the case of ‘National Spot Exchange vs. Mr. Anil Kohli RP for Dunar Foods Ltd.’ in SCC Online SC 716, 2021, in which it has been held that the Appellate Tribunal does not have the jurisdiction to condone the delay even of one day beyond the period of 15 days and has further held that the said delay cannot even be condoned by resorting to Article 142 of the Constitution of India.
In such circumstances, the application is found to be not maintainable before this Tribunal because this Tribunal has no jurisdiction to even entertain such an application which has been filed beyond the period of 15 days as provided in the proviso to Section 61 (2) of the Code.
With these observations, the application is hereby dismissed.
Since, the application for condonation of delay has been dismissed by an order of even date, therefore, the present appeal is not found duly constituted and the same is hereby dismissed. No costs.