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 an appeal under Section 61(2) of the Insolvency and Bankruptcy Code can be treated as validly instituted on the date of its filing when it was filed beyond the ordinary limitation period without an accompanying delay-condonation application, and whether the delay exceeded the maximum condonable period.
Analysis: Section 61(2) prescribes thirty days for an appeal, with a further period not exceeding fifteen days available only upon sufficient cause. Limitation commences from pronouncement of the order where it was pronounced in open court; uploading or receipt of a certified copy does not shift that commencement, though time for obtaining a certified copy may be excluded where a timely application is made. An appeal filed beyond limitation without a delay-condonation application is not validly instituted until the supporting application is filed. The statutory outer limit of forty-five days cannot be extended.
Conclusion: The appeal was beyond the maximum condonable period and was barred by limitation.