TaxTMI 
TaxTMI 
2023 (7) TMI 1363
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.... 74/BB/2021 filed under Section 9 of the Insolvency and Bankruptcy Code, 2016 (in short 'Code') by the Operational Creditor/Appellant has been dismissed. 2. This Appeal has been filed alongwith an application i.e. I.A. 664 of 2023 for condonation of delay of 14 days in filing of the appeal. It is well settled that until and unless the delay in filing of the appeal is condoned the appeal itself cannot be heard on merit, therefore, Counsel for the Appellant has been asked to address his arguments on the application for condonation of delay at the first instance. 3. Counsel for the Appellant has submitted that the impugned order was passed on 28.02.2023. The certified copy of the impugned order was provided on 06.03.2023 and the appe....
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....tion 61(1) is to be filed before the Appellate Authority, however, Section 61(2) proviso further provides for a period of 15 days for the purpose of extension of time in case the Applicant is able to satisfy the Appellate Authority that there was a sufficient cause for not approaching the Appellate Authority in time with the appeal but in no case the period of 15 days can further be extended. In this regard, the Hon'ble Supreme Court in the case of National Spot Exchange Limited Vs. Mr. Anil Kohli, RP for Dunar Foods Limited, Civil Appeal No. 6187 of 2019 decided on 14.09.2021 has held that:- "11.2 In the case of Teri Oat Estates (P) Ltd. v. U.T. Chandigarh, (2004) 2 SCC 130, in paragraphs 36 & 37, it is observed as under: "36. We h....
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....ing the appeal on the ground of limitation by observing that it has no jurisdiction and/or power to condone the delay exceeding 15 days." 7. Any person, who is aggrieved by an order of the Adjudicating Authority, has a right to appeal but for that purpose a period of 30 days has been prescribed. In case, the Appellant fails to file the appeal within the period of 30 days due to some reasons which is justifiable or constitute a sufficient cause, the appeal still can be filed within a period of 15 days but it cannot be extended any further beyond the period of 15 days in view of the Judgment of the Hon'ble Supreme Court in the case of National Spot Exchange Limited (Supra). 8. The Appellant has given a lame excuse for not filing the app....