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04.03.2025 : I.A. No. 915/2025
This is an Application praying for condonation of 16 days delay in filing of the Appeal.
Order impugned was passed on 06.07.2022 and this Appeal has been e-filed on 21.08.2022. 30 days period came to an end on 05.08.2022 and thereafter it is filed on 16th day.
Learned Counsel for the Appellant contends that the 21.08.2022 was Sunday hence the Appeal could be filed thereafter.
We have already by a Judgment which was delivered last week in the matter of ‘BSE Limited’ Vs. ‘Mrudula Brodie & Ors.’ in Comp. App. (AT) (Ins.) No. 1862/2024, which Judgment held that with regard to 15 days condonable period, the fact that 15 day is falling on holiday is not relevant for excluding the date for limitation.
Our jurisdiction to condone the delay is only limited to 15 days as per Section 61(2) proviso. We are unable to condone the delay which is beyond 15 days.
Delay condonation application is rejected. Memo of Appeal is also rejected.
I.A. No. 839/2025
This is an Application praying for condonation of 875 days delay in refiling of the Appeal.
Learned Counsel for the Appellant submits that after the curing of the defects, defects were raised on 29.08.2022 and curing of the defect it was filed in first week of December and thereafter defects were raised again and it was refiled. He also referred to the email dated 20.07.2023. The reason for refiling delay has been given in Paragraphs 4 & 5, which are as follows:
“4.It is submitted that the counsel for the Appellant is based out of Jabalpur, Madhya Pradesh. Further, the mother of the Counsel for the Applicant had been diagnosed with Cancer and for her treatment, the counsel had to travel to Mumbai often. It is submitted that unfortunately, the mother of the Counsel of the Applicant passed away on 21/02/2023. Further even the Counsel for the Applicant was himself undergoing treatment of Jaundice and was advised occasionally for complete bed rest. The true copies of the medical document of the Mother of the counsel for the Applicant is annexed herewith and marked as Annexure-B. the true copy of the death certificate of the mother of the counsel for the Applicant is annexed herewith and marked as Annexure-C. The true copy of the Medical certificate for the counsel of the Applicant are annexed herewith and marked as Annexure-D.
5.It is submitted that the treatment of the mother of the counsel for the Applicant and his own treatment affected the counsel personally and professionally wherein he missed out of several professional commitments. It is submitted that there was huge delay in completing certain formalities in filing of cases and getting it listed. It is submitted that on account of treatment of the mother of the counsel for the Applicant and the counsel himself affected the counsel professionally too. Further, in order to complete the filing of the Appeal, the Counsel for the Applicant had also engaged an advocate based out of Delhi but he could not get much support from him, hence he had to change the counsel at Delhi who could do the formalities of filing before the NCLAT, New Delhi. It is submitted that it is on account of above stated facts and circumstances that there has been huge delay in curing the defects from time to time.”
The Appeal has been filed under Section 61 of the Insolvency and Bankruptcy Code, 2016 (for short ‘the Code’ or ‘the IBC’) arises out of the IBC process. We are of the view that there is no sufficient cause shown in the Application for condonation of inordinate delay of 875 days. We do not find any good ground to condone the huge delay of 875 days.
Refiling delay Application is rejected. Memo of Appeal is also rejected.