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

2022 Supreme(Online)(NCLAT) 861

NATIONAL COMPANY LAW APPELLATE TRIBUNAL
Justice Ashok Bhushan (Chairperson) , Hon'ble Ms. Shreesha Merla (Member (Technical)) ,
D S KULKARNI DEVELOPERS LTD – Appellant
Versus
BANK OF MAHARASHTRA – 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

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