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Judgment
Justice Rakesh Kumar Jain (Oral) ]
This order shall dispose of IA No. 4786 of 2023 which has been filed for seeking condonation of delay of 38 days in filing of the present Appeal.
Counsel for the Appellant submits that the Impugned Order was passed on 23.12.2022, however, they got this information on 04.01.2023. It is submitted that the appeal was e-filed on 28.02.2023 and in this process the delay of 38 days has occurred. Section 61 of the Insolvency & Bankruptcy Code, 2016 (‘Code’) gives a right of appeal to an aggrieved person. Section 61(2) prescribes a period of 30 days for filing an appeal. Section 61 (2) proviso further provides a period of 15 days in case appeal is not filed within a prescribed period of 30 days. However, period beyond 15 days cannot be extended in any manner and the Tribunal does not have jurisdiction to consider such an application for condonation of delay which is filed beyond the period of 15 days. In this regard, reference may be had to the decision of the Hon’ble Supreme Court in case of National Spot Exchange Limited Vs. Anil Kohli, Civil Appeal No. 6187 of 2019. Since, the delay caused in this case, as admitted in the application is of 38 days, therefore, it is beyond the jurisdiction of this Court to consider the application and condone the delay.
In view thereof, the application is hereby dismissed as not maintainable.
Comp. App. (AT) (Ins) No. 1349 of 2023
Since, we have dismissed the application for condonation of delay as not maintainable because it has been filed even after the expiry of 45 days, the present appeal is not found to be duly constituted. Thus, the appeal is dismissed. No Costs.