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Judgment
O R D E R
The appellant herein puts a challenge to the Impunged Order dated 31.03.2023, as it was passed by the Hon’ble NCLT Kochi Bench, approving the Resolution Plan by way of IA (IBC) No. 455/KOB/2022, as rendered in CP(IB)08/KOB/2021. The appeal was instituted, before the Registry of this Tribunal on 18.08.2023. The appeal in question is accompanied with several pending IA’s, the details of the same are as under:-
IA No. 939/2024 praying for an urgent listing of the matter. No orders are required to be passed on the same, because the matter has been taken up today. Hence, IA No. 939/2024, would stand disposed of.
The appellant has preferred an application for Condonation of Delay in re-filing the appeal, by filing an IA No. 941/2024, wherein the appellant seek condonation of 46 days of delay which has chanced in preferring the appeal and the reason for the same has been explained in Para 3 & 4 of the accompanying affidavit. Since, the issue is with regards to the delay in re-filing, it is exclusively an issue between the Appellant and this Tribunal, coupled with the reason which has been given therein is not willful, thus, the delay which has chanced in re-filing the appeal of 46 days would hereby stand condoned. Accordingly, IA. No. 941/2024, would stand disposed of.
The appeal is accompanied with a Condone Delay application in IA. No. 940/2024, wherein the appellant has sought, the Condonation of 139 days of delay which he has chanced in preferring the appeal, the factum of the delay being 139 days, also stands admitted by the appellant in the application, which has been thus filed by the appellant and the affidavit filed in support there to.
Since as far as the Statute is concerned, the prescribed period of limitation as contemplated under the proviso to section 61 of I and B Code, 2016, the upper time limit for preferring of an appeal under section 61, after the implications of the proviso to sub section 2 of section 61 would be 45 days and admittedly since the appeal has been filed with the delay of 139 days, it would be barred by the limitation, as prescribed under section 61 itself for preferring an appeal against the Impugned Order.
On this exclusive ground itself, that since the appeal has been preferred much beyond the prescribed period of limitation which is not extendable under law, as provided under Section 61(2) of the code, the appeal would stand dismissed on the ground of the embargos created under section 61 (2), hence, it is hereby accordingly, dismissed. The IA No. 940/2024, would stand rejected and as a consequence thereto, the Company Appeal (AT) (CH) (Ins) No. 344/2024, would too, stand dismissed.