Delay beyond 15 days is Uncondonable as per Statutory Provisions; so as Delay of 45 days: NCLAT Delhi Dismisses Appeal
Delay – Statutory Provisions – NCLAT – NCLAT Delhi – Appeal – Taxscan
Delay – Statutory Provisions – NCLAT – NCLAT Delhi – Appeal – Taxscan
The Delhi National Company Law Appellate Tribunal (NCLAT) while dismissing the appeal held that delay beyond 15 days is uncondonable as per statutory provisions so no scope for condonation of delay beyond the period of 15 days much less 45 days.
Mrinal Harshvardhan, Advocate appeared for the appellant. Abhishek Anand, and Nipun Gautam, Advocates appeared for the respondent
Appellant Diwakar Sharma filed the appeal against the order dated 12.09.2022 along with a condonatiaon of delay for four days in filing the appeal.
The Appellant raised the following ground for taking condonation of delay in filing the appeal, it was;
“The certified copy of the impugned order 12.09.2022 was never received by the Appellant. The Resolution Professional has sent a copy on 11.10.2022. The present appeal is being filed with a delay of 4 days after the expiry of 30 days from the date of the service of the order, as the Appellant was in jail and was not keeping well and admitted in the jail hospital.”
Counsel for the appellant submitted that the appellant who was confined in jail since 12.09.2018 hence he was not before the Court at the time of the pronouncement of order, therefore, he had no knowledge about the impugned order. Hence the limitation for filing of the appeal should be counted from the date of knowledge.
Counsel appearing on behalf of the Respondent has submitted that the period of limitation has to be counted from the date of the order not from the date of knowledge.
The Tribunal observed that there is no scope for condonation of delay beyond the period of 15 days much less 45 days as there is no window available for this Tribunal to exercise its jurisdiction for condonation of delay.
Therefore the single bench of the tribunal Justice Rakesh Kumar Jain dismissed the appeal filed by the appellant.
To Read the full text of the Order CLICK HERE
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