Sudh Priya Plastichem Pvt. Ltd Vs SV Leathers (India) Pvt. Ltd

National Company Law Appellate Tribunal New Delhi 6 Oct 2023 Company Appeal (AT) (Insolvency) No.1290 Of 2023 & I.A. No. 4563, 4460 Of 2023 (2023) 10 NCLAT CK 0012
Bench: Full Bench
Result Published
Acts Referenced

Judgement Snapshot

Case Number

Company Appeal (AT) (Insolvency) No.1290 Of 2023 & I.A. No. 4563, 4460 Of 2023

Hon'ble Bench

Ashok Bhushan, Chairperson; Barun Mitra, Member (T); Arun Baroka, Member (T)

Advocates

Sanjeev Panda, Sumir Shukla, Narendra Kumar, Neeraj Kant Singh, Mukesh Singh Bhadauria

Final Decision

Dismissed

Acts Referred
  • Insolvency and Bankruptcy Code, 2016 - Section 61(2)

Judgement Text

Translate:

1. I.A. No. 4563 of 2023: This is an application praying for condonation of delay in filing the appeal. Learned counsel for the Appellant submits that Appellant has applied for certified copy of the impugned order on 06.07.2023.

2. Order was passed on 05.06.2023 and this Appeal has been filed on 27.07.2023. Prayer has been made for condonation of delay of 22 days. Appeal having filed more than 15 days after expiry of period of limitation of 30 days, Appellant is not entitled for any relief for exclusion of period during which certified copy was under preparation since the copy of application for certified copy was filed after 30 days.

3. Delay in filing the Appeal is more than 15 days after expiry of the period of limitation. Our jurisdiction to condone the delay is only 15 days under Section 61(2) proviso, hence, we are unable to condone the delay in filing the Appeal. Delay Condonation Application is rejected. In result, Memo of Appeal is also rejected.

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