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Judgment
ORDER
Heard Mr. PC Harikumar, learned counsel for the appellant and Mr. S. Sachin Priya Daniel, learned counsel for the Respondent.
The present appeal has been filed against an order dated 16.06.2023 passed in IA (IBC)/350(CHE)/2022 in CP(IB)/28(CHE)/2022. Admittedly the appeal has been filed after the expiry of limitation period i.e. 30 days and 15 days. However, no condonation of delay application has been filed. On being asked as to why condonation of delay application was not filed, learned counsel for the appellant tried to persuade that earlier no notice was issued and he was not aware of the impugned order. He submits that the appellant came to know about the passing of order on 28.07.2023 and as such he contends that the limitation will start from 28.07.2023.
Learned counsel for the respondent submits that notice was sent to the email address given by the appellant and as such there is no force in the contention that notice was not served on the appellant herein. But facts remains that the appeal has been filed belatedly after statutory period of 45 days and that too without any condonation of delay application.
In such situation we donot find any ground to proceed further. Considering the fact that it is the case under the provision of Insolvency & Bankruptcy Code, 2016 and the appeal has been filed after 45 days this court has no jurisdiction to entertain the appeal.
The appeal stands dismissed.