ORDER

Per: Justice Rakesh Kumar Jain: (Oral) 28.03.2023: This appeal is against the order dated 12.09.2022, which has been filed alongwith an application i.e. I.A. No. 4551 of 2022, in which the Appellant/Applicant has prayed for condonation of delay for four days in filing of the appeal.

2. Shorn of unnecessary details, the impugned order was passed on 12.09.2022 and the appeal has been filed on 10.11.2022 by the Appellant who was confined in jail since 12.09.2018.

3. Ground taken in the application for condonation of delay read as under:-

“That Appellants declares that there is a delay in filing of present appeal. The certified copy of the impugned order 12.09.2022 was never received by the Appellant, the Resolution Professional has sent a copy of impugned order through DTDC courier on 11.10.2022. The present appeal is being filed with a delay of 4 days after expiry of 30 days from the date of the service of order, as the Appellant was in jail and was not keeping well and admitted in the jail hospital.”

4. It is submitted that since the Appellant was not before the Court at the time of pronouncement of order, therefore, he had no knowledge about the impugned order which was conveyed to him by the RP, therefore, the limitation for filing of the appeal should be counted from the date of knowledge.

5. On the other hand, Counsel appearing on behalf of the RP has submitted that it has been held by the Hon’ble Supreme Court in the case of V. Nagarajan Vs. SKS Ispat and Power Limited & Ors., (2022) 2 SCC 244, that the period of limitation has to be counted from the date of the order not from the date of knowledge and also submitted that the period of 30 days counted from the date of impugned order i.e. 12.09.2022 expired on 12.10.2022 and if the limitation is extended by granting grace of 15 days as provided in 61(2) proviso even then the said period expired on 27.10.2022 whereas the appeal has been filed on 10.11.2022 much after the expiry of 45 days. In this regard, he has relied upon a decision in the case of National Spot Exchange Limited Vs. Mr. Anil Kohli, RP for Dunar Foods Limited, Civil Appeal No. 6187 of 2019 14.09.2021.

6. We have heard Counsel for the parties and perused the record with their able assistance.

7. The issue in this case is as to whether the delay caused in filing of the appeal much beyond the period of 45 days can be condoned by this Tribunal?

8. In this regard, reference could be had to Section 61 of the Code which deals with the Appeals and Appellate Authority. It is relevant to refer to the relevant part of Section 61 of the Code which is reproduced as under:-

“Section 61: Appeals and Appellate Authority.

*61. (1) Notwithstanding anything to the contrary contained under the Companies Act 2013, any person aggrieved by the order of the Adjudicating Authority under this part may prefer an appeal to the National Company Law Appellate Tribunal.

(2) Every appeal under sub-section (1) shall be filed within thirty days1 before the National Company Law Appellate Tribunal:

Provided that the National Company Law Appellate Tribunal may allow an appeal to be filed after the expiry of the said period of thirty days if it is satisfied that there was sufficient cause for not filing the appeal but such period shall not exceed fifteen days.”

9. Section 61(1) provides for a right of appeal to an aggrieved person.

Section 61(2) provides a period of limitation 30 days for preferring an appeal in terms of Section 61(1) before the Appellate Authority. Section 61(2) proviso provides another period of 15 days which can be extended in case the Appellant satisfies the Appellate Authority about the existence of a sufficient cause for not filing the appeal in time. There is no further provision in the Code for looking into the aspect of condonation of delay beyond the period of 15 days much less 45 days.

10. In the case of V. Nagarajan (Supra) the Hon’ble Supreme Court while drawing the conclusion in Para 33 has held as