Just a moment...
Press 'Enter' to add multiple search terms. Rules for Better Search
Use comma for multiple locations.
---------------- For section wise search only -----------------
Accuracy Level ~ 90%
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
Don't have an account? Register Here
Press 'Enter' after typing page number.
Issues: Whether the appeals were filed within the condonable period of limitation under the insolvency law, and whether a subsequent rectification correcting only a typographical error in the date of pronouncement shifted the starting point of limitation.
Analysis: The order appealed against was pronounced on 13.05.2024. The later order dated 14.05.2024 corrected only a typographical error in the recorded date of pronouncement and did not modify the substance of the original order. Limitation under Section 61 of the Insolvency and Bankruptcy Code, 2016 begins from pronouncement of the order, and the period for filing the appeal is strictly confined to thirty days with a further condonable period of fifteen days, and no more. The distinction drawn from a case involving partial rectification and merger of orders did not apply because there was no substantive modification here. The appeal filed on 28.06.2024 was beyond the outer limit of condonation.
Conclusion: The delay of sixteen days was not condonable, and the appeals were liable to be rejected.
Ratio Decidendi: For an appeal under Section 61 of the Insolvency and Bankruptcy Code, 2016, limitation runs from the date of pronouncement of the order, and a later clerical or typographical correction that does not alter the order's substance does not extend or restart limitation; the statutory condonable period cannot be exceeded.