2023 (7) TMI 1591 - AT - IBC

Limitation runs from order pronouncement, not upload; proviso to Section 61(2) limits condonation to 15 days, appeal barred

NCLAT, New Delhi held that limitation for filing the appeal begins from date of pronouncement of the order, not the date of its uploading, relying on SC ... Condonation of delay in filing the Appeal - limitation shall start running from the date when the order is passed, or not - HELD THAT:- Hon’ble Supreme Court in V. Nagarajan Vs. SKS Ispat and Power Ltd. [2021 (10) TMI 941 - SUPREME COURT (LB)], has already settled the issue that limitation shall not depend on the uploading of the Order and Limitation shall start from the date when the order is pronounced in the Court. Thus the submission of the Appellant that benefit should be given to the Appellant from 10th April to 17th April, 2023 when the Order was uploaded, can not be accepted. Jurisdiction to condone delay is of 15 days only under Section 61(2) proviso. The Appeal being filed beyond 45 days hence it is beyond jurisdiction to condone the delay. The Delay Condonation Application is dismissed. Application for condonation of delay in filing the appeal dismissed. The impugned order was passed on 10 April 2023; the appeal was e-filed on 26 May 2023. Appellant argued limitation should run from the date the order was uploaded (17 April 2023) and thus delay would be 10 days. Respondent pointed to the absence of a certified copy application. Citing the Supreme Court in V. Nagarajan v. SKS Ispat & Power Ltd., the Tribunal held that 'limitation shall not depend on the uploading of the Order' and that 'limitation shall start from the date when the order is pronounced in the Court.' Under the proviso to Section 61(2) the Tribunal's power to condone delay is limited to 15 days; an appeal filed beyond 45 days falls outside that jurisdiction. Consequently the delay-condonation application was dismissed and the memo of appeal rejected.