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TaxTMI 
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2024 (11) TMI 480
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.... an application praying for condonation of delay of five days in filing of the Appeal. In paragraph (ii) of the application, the Applicant has given reasons, which are as follows: "ii. The Applicant states that he was unable to file the present Appeal against the order dated 19.12.2023 within the limitation period due to the below-mentioned reasons: a. That the Applicant/Appellant/Resolution Professional of High Ground Enterprise Limited is living in Mumbai and due to health ailments, he was unable to seek timely legal advice for filing the Appeal before this Hon'ble Appellate Tribunal. b. It is submitted that the Applicant could access and read the impugned order dated 19.12.2023 only after a week or two after th....
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.... present application has nowhere mentioned good and sufficient/ justifiable cause, as to why the delay should be condoned. Learned Counsel for the Respondent in support of his submission relied on the judgments of the Hon'ble Supreme Court in (2023) 1 SCR 449 - Ajay Dabra vs. Pyare Ram & Ors.; (2021) 9 SCR 476 - Majji Sannemma @ Sanyasirao vs. Reddy Sridevi & Ors. and also the judgment of this Tribunal in Anish Lawrence & Anr. Vs. Renahan Vamakesan in IA No.1151 of 2023 in Company Appeal (AT)(CH) (Ins.) No.377 of 2023. 4. Under Section 61, sub-section (2) proviso of the Insolvency and Bankruptcy Code, 2016 (hereinafter referred to as the "IBC"), the Court has jurisdiction to condone the delay of only 15 days after expiry of period of lim....
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.... "12. In view of the above provision, the appeal which is preferred after the expiry of the limitation is liable to be dismissed. The use of the word 'shall' in the aforesaid provision connotes that the dismissal is mandatory subject to the exceptions. Section 3 of the Act is peremptory and had to be given effect to even though no objection regarding limitation is taken by the other side or referred to in the pleadings. In other words, it casts an obligation upon the court to dismiss an appeal which is presented beyond limitation. This is the general law of limitation. The exceptions are carved out under Sections 4 to 24 (inclusive) of the Limitation Act but we are concerned only with the exception contained in Section 5 which empowers the ....
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....antnag and Ors. vs. Katiji and Ors., this Court in advocating the liberal approach in condoning the delay for 'sufficient cause' held that ordinarily a litigant does not stand to benefit by lodging an appeal late; it is not necessary to explain every day's delay in filing the appeal; and since sometimes refusal to condone delay may result in throwing out a meritorious matter, it is necessary in the interest of justice that cause of substantial justice should be allowed to prevail upon technical considerations and if the delay is not deliberate, it ought to be condoned. Notwithstanding the above, howsoever, liberal approach is adopted in condoning the delay, existence of 'sufficient cause' for not filing the appeal in time, is a condition pr....
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....s and she had fallen sick from 01.01.2017 to 15.03.2017 and she was advised to take bed rest for the said period. However, there is no explanation for the period after 15.03.2017. Thus, the period of delay from 15.03.2017 till the Second Appeal was filed in the year 2021 has not at all been explained. Therefore, the High Court has not exercised the discretion judiciously." 8. The above were the cases, where the Hon'ble Supreme Court was considering the sufficient cause for condoning the inordinate delay in filing the matter. There is no quarrel with the proposition of law laid down while interpreting Section 5 of the Limitation Act, which principles are to be applied on the facts of each case. 9. Coming back to the facts of the presen....