Delay in filing an appeal under the IBC cannot be excused based on lack of knowledge regarding the proceedings; Limitation must be strictly construed.

JUDGMENT

ASHOK BHUSHAN, J.

1. I.A. No. 808 of 2024 and I.A. No. 1251 of 2024 have been filed praying for condonation of delay in filing these two Appeals.

2. Company Appeal (AT) Ins. No. 138 of 2024 has been filed challenging the Order passed by the NCLT, Principal Bench, New Delhi dated 24^th April, 2023 in I.A. No. 702/PB/2022 by which order, the Adjudicating Authority has approved the Resolution Plan of the Corporate Debtor-Sare Gurugram Pvt. Ltd. This Appeal has been e-filed on 25^th January, 2024, there being delay in filing the Appeal, I.A. No. 808 of 2024 has been filed.

3. Company Appeal (AT) Ins. No. 367 of 2024 has been filed challenging the Order passed by the NCLT, Principal Bench, New Delhi dated 24^th April, 2023 in I.A. No. 702/PB/2022 by which order, the Adjudicating Authority has approved the Resolution Plan of the Corporate Debtor-Sare Gurugram Pvt. Ltd. This Appeal has been e-filed on 09th January, 2024, there being delay in filing the Appeal, I.A. No. 1251 of 2024 has been filed.

4. We have heard Learned Counsel for the parties on the delay condonation applications. Both the Delay Condonation Applications raises same question of facts and law hence they have been heard together.

5. In I.A. No. 808 of 2024, prayer is to condone the delay of 223 days in filing the Appeal.

6. In I.A. No. 1251 of 2024, prayer is to condone the delay of 230 days in filing the Appeal.

7. I.A. No. 808 of 2024: The brief facts giving rise to this Application are:-

 The Appellant Sumit Singh Basisth and Ms. Poonam Shatrughan Singh have filed C.A.(AT) Ins. No. 138 of 2024 challenging the Order of NCLT, Principal Bench approving the Resolution Plan of the Corporate Debtor Sare Gurugram Pvt. Ltd. by Order dated 24^th April, 2023.

 Appellants’ case in the Application is that Corporate Insolvency Resolution Process against the Corporate Debtor commenced vide Order dated 09.03.2021 in pursuance of the admission order. IRP made a public announcement on 12.03.2021 called for number of claim from the creditors. Claims were filed. CoC was constituted. Form G was published thereafter EOI was received and in pursuance of RFRP Resolution Plans were received. Resolution Plan came to be approved by the CoC with 100% vote on 17.12.2021 the Resolution Professional filed an Application for approval of the Resolution Plan being I.A. No. 702 of 2022 which came to be approved by the Adjudicating Authority vide Order dated 24^th April, 2023. The Appellant/Applicant filed this Appeal on 25th January, 2024. The ground in the Application is that Appellant were not aware of the CIRP of the Corporate Debtor and they came to know about the Order dated 24^th April, 2023 only on 23^rd November, 2023. The Appellant was added in WhatsApp group namely “Sare Shop Buyers Group’ on 09.10.2023 and thereafter Appellant wrote an email on 18.10.2023 to the RP which was bounced back. After making further enquiries, RP vide email dated 23^rd November, 2023 informed the Appellant about CIRP and about the Impugned Order hence this Appeal has been filed. The case of the Appellant further is that coming to know about the Order on 23^rd November, 2023, Appeal was e-filed on 30th December, 2023 and hard-copy could be presented on 02.01.2024. It is submitted that Appellants are NRI who are residing outside the country.

8. I.A. No. 808 of 2024: This application prays for condonation of 230 days delay in filing the Appeal. C.A.(AT) Ins. No. 367 of 2024 has been filed on 09.01.2024. The Appellant’s case in the Application is that in November, 2023 Appellant made an attempt to reach SRA vide Email dated 22nd November, 2023. It is