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2023 Supreme(SC) 1879
SUPREME COURT OF INDIA
Dr Dhananjaya Y Chandrachud, CJ., Pamidighantam Sri Narasimha, J.
PEC Ltd – Appellant
Versus
M/s Phulchand Exports Private Limited – Respondent
Civil Appeal No of 2023 [Diary No 37293/2022]
Decided On : 05-01-2023
Advocates appeared:
For Petitioner(s) Mr. Krishan Kumar, AOR Mr. Krishan Kumar, Adv. Ms. Neetu Sharma, Adv. Mr. Nitin Pal, Adv.
For Petitioner(s) Mr. Krishan Kumar, AOR Mr. Krishan Kumar, Adv. Ms. Neetu Sharma, Adv. Mr. Nitin Pal, Adv.
An appeal filed after the expiry of the maximum statutory period for condonation of delay cannot be entertained and must be dismissed on the ground of limitation.
Headnote:(A) Insolvency and Bankruptcy Code, 2016 - Section 62 - Limitation - Delay in filing appeal - Appeal filed with a delay of 21 days - Delay found to be beyond the maximum period which is condonable in terms of the statute - Appeal dismissed on the ground of limitation. (Paras 1 and 2)
Facts of the case:
An appeal was preferred with a delay of 21 days beyond the prescribed period under the governing statute. The court examined whether this delay fell within the permissible limits for condonation.
Findings of Court:
The court observed that the delay in filing the appeal exceeded the maximum duration for which condonation is permitted by the statute.
Issues: Whether an appeal filed after the expiry of the mandatory period, and exceeding the maximum duration for condonation provided by the statute, can be admitted.
Ratio Decidendi: The court established that if the delay in filing an appeal is beyond the maximum period prescribed as condonable by the statute, the court cannot exercise discretion to condone such delay, requiring the appeal to be dismissed.
Result: Appeal dismissed.
ORDER
1 There is a delay of 21 days in filing the appeal under Section 62 of the Insolvency and Bankruptcy Code 2016. The delay is beyond the maximum period which is condonable in terms of the statute.
2 Hence, the civil appeal is dismissed on the ground of limitation.
3 Pending applications, if any, stand disposed of.
