Back
IN THE HIGH COURT AT CALCUTTA
SHAMPA DUTT (PAUL)
Governing Body of B.P. Poddar Institute of Management and Technology – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
SHAMPA DUTT (PAUL), J.
1. The writ application has been preferred against an order passed by appellate authority on 22.1.2025 wherein the appellate authority has been pleased to dismiss the appeal on the ground that the appeal was barred by limitation. The prayer for condonation of delay was not allowed by the appellate authority.
2. The relevant findings of the appellate authority is as follows:-
"It is observed that the appeal has arisen out of primary point of jurisdiction of the CA and against impugned order of the CA dtd.12.2.24 which was received by the appellant on 19.3.24. The appellant decided to apply for the certified copy on 14.06.24 and got it on 01.8.24 and filed the appeal on 01.8.24.
Perusing the above facts it is seen that the appellant has applied for the certified copy beyond the statutory period of 60 days i.e. 87 (eighty seven) days. Based on the contention of the appellant it appears that appellant rather than relying on the primary statutory limit of filing the appeal, has relied on the exceptional scenario assuming that it would be allowed further sixty days though such relaxation is not an automatic choice but depends upon the special circumstances a
Limitation for IBC appeal commences from open court pronouncement date, not uploading; no Section 12 exclusion if certified copy applied after 30-day limit expires, emphasizing party diligence.
Limitation for IBC appeal under Section 61 commences from NCLT order's open court pronouncement date in parties' presence, not portal upload; delay beyond 45 days non-condonable regardless of certifi....
Section 4 of Limitation Act applies only to 30-day prescribed period under IBC Section 61(2), not 15-day condonable period; vacation benefit unavailable if commencing after 30 days, rendering appeals....
The court emphasized that delay in filing appeals must be strictly justified, and lack of bona fides or negligence can prevent condonation of delay.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
