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NATIONAL COMPANY LAW APPELLATE TRIBUNAL
Barun Mitra, Member (Technical)
Deepak Dahyalal – Appellant
Versus
M/s Steel Resources – Respondent
| Table of Content |
|---|
| 1. initiation of appeal process under ibc. (Para 1 , 2) |
| 2. arguments regarding unawareness and justifications for delay. (Para 3 , 4 , 5) |
| 3. assessment of statutory provisions related to appeal timeliness. (Para 6 , 7 , 8 , 9) |
| 4. supreme court rulings emphasizing statutory compliance and limitation. (Para 10 , 11 , 12 , 13) |
| 5. court's conclusion on delay and appeal rejection. (Para 22 , 23) |
JUDGMENT
[Per: Barun Mitra, Member (Technical)]
The present appeal filed under Section 61 of Insolvency and Bankruptcy Code 2016 (‘IBC’ in short) by the Appellant arises out of the Order dated 22.11.2023 (hereinafter referred to as ‘Impugned Order’) passed by the Adjudicating Authority (National Company Law Tribunal, Mumbai Bench-VI) in Company Petition (IB) No. 277/MB/2022. By the Impugned Order, the Adjudicating Authority admitted the Section 9 petition filed by the Operational Creditor admitting M/s Pritdip Impex Pvt Ltd – Corporate Debtor into the rigours of Corporate Insolvency Resolution Process (‘CIRP’ in short). Aggrieved by this impugned order, the present appeal has been preferred by the suspended director. A delay condonation application has been filed vide I.A. No.1009 of
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