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Judgment
O R D E R
I.A. No. 1144 of 2023
This appeal is filed along with an application beairng I.A. No. 1144 of 2023 for seeking condonation of delay of 526 days in filing of the appeal.
The impugned order was passed on 04.04.2022. Appeal has been filed through e-filing on 14.09.2023.
Section 61 of the Insolvency and Bankruptcy Code, 2016 (Code) provides a right to file appeal to an aggrieved person against the order of the Adjudicating Authority. Section 61 (2) prescribes the period of 30 days to file the appeal. However, proviso to Section 61 (2) further extends a period of 15 days for filing the appeal in case a sufficient cause is shown to the satisfaction of the Appellate Authority for condonation of delay. Thus, the total period of limitation prescribed both under Section 61 (2) and proviso to it is 30+15 i.e. 45 days. Hon’ble Supreme Court in the case of ‘National Spot Exchange vs. Mr. Anil Kohli RP for Dunar Foods Limited’ in SCC Online SC 716, 2021 in CIVIL APPEAL NO. 6187 OF 2019 has held that the period beyond 15 days cannot be condoned even under Article 142 of the Constitution of India. Therefore, this court does not have the jurisdiction to entertain an application for condonation of delay beyond the period of 15 days whereas in the present case there is a huge delay of 526 days in filing of the appeal.
In view of the aforesaid facts and circumstances, the application for condonation of delay is hereby dismissed being not maintainable.
CA (AT) (Ins) No. 374 of 2023
Since we have dismissed the application for condonation of delay i.e. I.A. No. 1144 of 2023 by a separate order of today, therefore, the present appeal is not duly constituted and the same is also hereby dismissed. No costs.