Submission of Appeal Papers through Physical Mode: NCLAT refuses to Condone delay of 14 days

The National Company Law Appellate Tribunal ( NCLAT ), Chennai Bench refused to condone delay of 14 days on the ground that there was delay in submission of appeal papers through physical mode.

In the instant case, the impugned order was passed by the `Adjudicating Authority’ (`National Company Law Tribunal’). For preferring an appeal, by an aggrieved Person that is the appellant, Sridhar Cherukuri, in the present case as per Section 61 (1) of the Insolvency and Bankruptcy Code, 2016, is 30 days from the date of passing of an `Order’, by the `Adjudicating Authority’ (`Tribunal’), and 30 days period expired on 25.11.2022.

In the present case, the appeal was filed before this `Tribunal’, on 09.12.2022 at 1.00 P.M. – Friday (through E-filing Portal vide). However, the physical filing of the material papers of the instant `Company Appeal’, was made on 12.12.2022 (47th day – Monday).

It is the version of the Petitioner that the `Appeal Paper Book’, was uploaded in the `E filing Portal’, on 09.12.2022, and that the expiry of 45 days, from the date of the `impugned order’ dated 26.10.2022 in Ion the file of the `Adjudicating Authority’, (National Company Law Tribunal), would fall on 10.12.2022 (Saturday).

In this connection, the Counsel for the Petitioner, points out that as the period of Limitation, came to an end on 10.12.2022, (`Court’ holiday), when the physical copies `Appeal Paper Books, were submitted on `12.12.2022’, the `next working day’, is well within the period of limitation.

The Two Member Bench comprising Justice M. Venugopal, Member (Judicial) and Shreesha Merla, Member (Technical) gave a detailed analysis that “The period of Limitation as per `Order’ of this Tribunal dated 21.10.2022, shall be `calculated’ from the presentation of the `Appeal’, in the instant case, the `Appeal’, having been presented by the `Appellant’, (submission of `Appeal papers’, through physical mode (on 12.12.2022), on the `47th day’, which is beyond the `45 days’ (30 + 15 days), clearly `barred’ by `Limitation’.”

Refusing to condone the delay the Tribunal noted that “Also that, the further `delay of 2 days’, after `45 days’, is beyond a period of Limitation (30 + 15 days), which cannot be `condoned’, by this `Appellate Tribunal’, and in this regard, this `Tribunal’ has no `power’ to `excuse’ the same.”

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