NATIONAL COMPANY LAW APPELLATE TRIBUNAL PRINCIPAL BENCH, NEW DELHI Company Appeal (AT) (Insolvency) No. 414 of 2022 IN THE MATTER OF: M/s. D. S. Kulkarni Developers Ltd. …Appellant Versus Bank of Maharashtra …Respondent Present: For Appellant: Advocate Archis Joshi For Respondent:
ORDER
(Virtual Mode) 19.04.2022: This Appeal has been filed against the Order dated 26.09.2019 passed by the Adjudicating Authority (National Company Law Tribunal, Mumbai Bench) in CP 1633(IB)/MB/2019 by which the moratorium was enforced after admitting the Petition under Section 7 of the Insolvency and Bankruptcy Code, 2016 (hereinafter referred to as 'Code'). An application for condonation of delay being I.A. No. 1084/2022 has been filed. The ground taken in the Delay Condonation Application is that the Directors of the Appellant were in the Judicial Custody hence they were not able to take steps for filing the Appeal.
2. A perusal of the Order indicates that three counsels appeared for the Respondents who are Appellant before us. In the Delay Condonation Application there is no ground taken that Appellants were not aware of the Order dated 26.09.2019. This Appeal has been filed on 28th October, 2021 and the Limitation for filing an Appeal as provided under Section 61(2) of the Code is 30 days and the National Company Law Appellate Tribunal is empowered to condone the delay not exceeding 15 days in exercise of jurisdiction under Section 61(2) of the Code. This Tribunal cannot condone the delay which has caused in filing this Appeal.
3. We thus do not find any ground to condone the inordinate delay in filing the Appeal. Application for Condonation of Delay is rejected and consequently the Appeal is dismissed as barred by time.
[Justice Ashok Bhushan] Chairperson [Ms. Shreesha Merla] Member (Technical) Basant/nn Company Appeal (AT) Ins. No. 414 of 2022
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