TaxTMI 
TaxTMI 
2022 (9) TMI 223
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....ned Counsel for the Appellant, the instant Comp App (AT)(CH)(Ins) No.209/2022 is filed against the 'impugned order' passed by the 'Adjudicating Authority' (National Company Law Tribunal, Chennai Bench) dated 12.06.2019 in MA/179/2019 in CP/39/IB/CB/2018. However, the Appellant, who is to prefer the instant Comp App (AT)(CH)(Ins) No.209/2022 by 28.07.2019, before this 'Appellate Tribunal', has not filed the same in time. In this process, there has occasioned a delay of '1027 days' in preferring the instant Comp App (AT) (CH) (Ins) No.209/2022, against the 'Impugned Order' dated 12.06.2019 in MA/179/2019 in CP/39/IB/CB/2018 passed by the 'Adjudicating Authority' (National Company Law Tribunal, Chennai Bench). The stand taken on behalf of t....
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....ferring the 'instant Comp App (AT)(CH)(Ins) No.209/2022' by the Applicant / Appellant cannot be condoned in the eye of 'Law', because of the reason that the 'Order' of the 'Adjudicating Authority' (National Company Law Tribunal, Chennai Bench) in MA/179/2019 in CP/39/IB/CB/2018 was passed before the Covid-19 Pandemic itself, and the said Covid-19 Pandemic had commenced only in March 2020. Moreover, as per the Hon'ble Supreme Court Order in MA/21/2022 in MA/655/2021 in Suo Motu Writ Petition No.03/2020, as per 'Order' dated 10.01.2022, the 'Limitation' was extended only from 15.03.2020 to 28.02.2022 and this will not on any account justify on the part of the Applicant / Appellant with a delay of over '9 months', before the commencement of....
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....n V. Nagarajan V SKS Ispat and Power Ltd.& Ors. at Spl. Page 265 whereby and whereunder it is observed as follows: - 31. The import of Section 12 of the Limitation Act and its Explanation is to assign the responsibility of applying for a certified copy of the order on a party. A person wishing to file an appeal is expected to file an application for a certified copy before the expiry of the limitation period, upon which the "time requisite" for obtaining a copy is to be excluded. However, the time taken by the court to prepare the decree or order before an application for a copy is made cannot be excluded. If no application for a certified copy has been made, no exclusion can ensue. In fact, the Explanation to the provision is a cl....
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....ry had objected to the appeal in regard to limitation, to which the appellant had filed a reply stating that the limitation period would begin from the date of the uploading of the order, which was 12.3.2020. The appellant submitted that the suo motu order of this Court dated 23.03.2020 taking retrospective effect from 15.03.2020, made under Article 142 of the Constitution extended the limitation until further orders, which renders the appeal filed on 08.06.2020 within limitation. However, it is important to note that this Court had only extended the period of limitation applicable in the proceedings, only in cases where such period had not ended before 15.03.2020. In this case, owing to the specific language of Section 61 (1) and 61 (2), i....
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....dent contends that IA/460/2022 in Comp App (AT)(CH)(Ins) No.209/2022 filed by the Applicant / Appellant is per se not maintainable in the eye of 'Law' because of the latent and patent fact that the Insolvency & Bankruptcy Code, 2016 mandates as per Section 61 (2) that an 'Aggrieved person' has to prefer an 'Appeal' within 30 days and further that the 'Appellate Tribunal' may allow an 'Appeal' to be filed after 30 days subject to the 'Appellate Tribunal' that it is satisfied that there was a 'sufficient cause' in not filing the 'Appeal' but such period shall not exceed 15 days + 30 days. The pith and substance of the 'Plea' taken on behalf of the 2nd Respondent is that beyond the time granted, as per Section 61 (2) of the Insolvency & Ban....
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....lication. Suffice it for this 'Tribunal' to make a mention that the Provisions of the Insolvency & Bankruptcy Code, 2016 and the 'Regulations' made thereunder, are required to be adhered to by a Stakeholder / Litigant / Applicant in a scrupulous manner and that too in true 'Letter and Spirit'. Admittedly, in the instant case, the present Comp App (AT)(CH)(Ins) No.209/2022 is preferred beyond 45 days (30 + 15) period, prescribed under the Insolvency & Bankruptcy Code, 2016. In reality, there has occasioned a delay of '1027 days' in preferring the 'instant Comp App (AT)(CH)(Ins) No.209/2022', which in the considered opinion of this 'Tribunal' is not to be condoned, as there is no power enjoined upon the 'Appellate Authority' (National Comp....