Samson T. George vs P.T. Joy, RP of MIR Realtors Pvt. Ltd.

Per: Justice Rakesh Kumar Jain:

This application is filed for condonation of delay of 14 days in filing of the appeal against the order dated 25.01.2023 passed by the Adjudicating Authority (National Company Law Tribunal, Kochi Bench) by which an application i.e. I.A. (IBC)/431/KOB/2022 filed in IBA/11/KOB/2020 by the Appellant/Applicant has been dismissed.

The impugned order was passed on 25.01.2023 and the appeal has been filed on 09.03.2023. The statutory period for filing of an appeal is 30 days. The said period counted from the order dated 25.01.2023 expired on 25.02.2023 and since the appeal has been filed on 09.03.2023, therefore, it is alleged by the Appellant that a delay of 14 days has occurred.

Counsel for the Appellant has submitted that delay has been caused because the erstwhile counsel for the Applicant at Kochi received the impugned order dated 25.01.2023 on the same day but there was some delay in communicating the order to the Applicant who had taken appropriate measures to approach their legal representative at Chennai and received the advice to file the appeal before this Appellate Tribunal.

It is submitted that delay has thus been caused of 14 days beyond the period of 30 days. It is submitted that delay is bonafide and not deliberate.

We have heard Counsel for the Appellant/Applicant and perused the application.

Section 61 of the Code deals with appeals and appellate authority which is reproduced as under: -

Section 61(1) provides that any person who is aggrieved by an order of the Adjudicating Authority has a right to prefer an appeal to the appellate authority. Whereas Section 61(2) provides that there shall be a period of 30 days for filing such an appeal before the Appellate Authority and proviso to Section 61(2) says that the Appellate Authority may allow the appeal to be filed even after expiry of 30 days if it is satisfied that there was a sufficient cause for not filing the appeal in time but such period shall not exceed 15 days.

The Appellant has admittedly obtained the certified copy of the impugned order on 25.01.2023 and was thus having 30 days statutory period to file an appeal before the Appellate Tribunal at Chennai but no effort was made during this period rather the appeal has been filed on the last but one day of the extended period of 15 days without giving any sufficient cause for causing such a delay.

The reasons assigned in the application for not filing the appeal within the time is not a sufficient cause on the basis of which the delay could have been condoned. Thus, we do not find any merit in the present application which does not constitute a sufficient cause to our satisfaction and hence, the present application is hereby dismissed.

Since, we have dismissed the application for condonation of delay, therefore, this appeal cannot be treated as duly constituted, therefore, the present appeal is hereby dismissed as such.