SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2023 Supreme(Online)(NCLAT) 1136

NATIONAL COMPANY LAW APPELLATE TRIBUNAL
Justice Ashok Bhushan (Chairperson) , Hon'ble Mr. Barun Mitra (Member (Technical)) ,
Mahapre India – Appellant
Versus
Mr Sanjai Kumar Gupta- Resolution professional of M/s. Kilburn Chemicals Ltd. &Anr – Respondent


ORDER

27.04.2023: These are delay condonation applications filed in Company Appeals praying for condonation of 303 days’ delay in Appeal No. 322 of 2023, 303 days’ delay in Appeal No. 323 of 2023, 333 days’ delay in Appeal No. 324 -3- of 2023, 303 days’ delay in Appeal No. 342 of 2023 and 303 days’ delay in Appeal No. 359 of 2023. Learned Counsel for the Appellants states that the delay in Appeal No. 322 of 2023 is 202 days. These appeals are against the common order dated 16.12.2021. Appeals in these appeals were e-filed on 15.09.2022 and the physical copies were filed on 14.11.2022. The reason for the delay, as stated in the Affidavit, is that the Applicants were not served with the copy of the order and they came to know subsequently and contacted the local Advocate, who informed that they should challenge the order before the High Court of Gujarat and thereafter, they again consulted and they were informed that the appeals have to be filed.

In any view of the matter, the delay in filing the appeals is beyond 15 days. Our jurisdiction to condone delay is only 15 days as per Section 61(2) IBC proviso. As the delay in filing the appeals is beyond 15 days, we are unable to

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

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

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top