Tribunals and CommissionsFull Bench(2023) 11 NCLAT CK 0004

Shubro Roy Choudhary & Ors vs Ajit Gyanchand Jain (Erstwhile Resolution Professional) And Ors

National Company Law Appellate Tribunal · Decided on 6 November 2023

HON’BLE JUDGES
Ashok Bhushan, Chairperson · Barun Mitra, Member (T) · Arun Baroka, Member (T)
RESULT
Dismissed
CASE NUMBER
Company Appeal (AT) (Insolvency) No.1315 Of 2023 & I.A. No.4649 Of 2023

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Judgment

3 paragraphs · 186 words
1.

I.A. No.4649 of 2023: This is an application praying for condonation of 103 days delay in filing the Appeal. The order impugned was passed on 24.04.2023 and this Appeal has been e-filed on 04.09.2023.

2.

Learned counsel for the Appellant submits that the Appellant was not aware of the order and he came to know only on 11.08.2023. Learned counsel for the Respondent submits that similar delay condonation applications were filed against the same Respondent which applications were for condonation of similar delay and by judgment dated 06.10.2023 those applications were rejected. He has referred to order in Company Appeal (AT) (Ins.) No.889 of 2023 in I.A. No.3008 of 2023 in the matter of Rakesh Arora & Anr. vs. Sare Gurugram Pvt. Ltd. & Ors. decided on 06.10.2023.

3.

The delay in filing the Appeal is 103 days.  Our jurisdiction to condone delay is limited to 15 days under Section 61(2) proviso. We, thus, are unable to condone such inordinate delay of 103 days in filing the appeal. Delay condonation Application is dismissed. In result, Memo of Appeal is rejected. Impleadment Applications are also closed.