TaxTMI 
TaxTMI 
2026 (1) TMI 55
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....ieved as against the impugned order dated 17.07.2023, that has been passed by the Learned Adjudicating Authority, Hyderabad Bench, in IA(IBC)/168/2022 in CP(IB)/369/10/HDB/2019. The consequential effect of the Impugned Order had been that, the proceedings under Section 42 of I&B Code, that was attempted to be drawn by the Appellant, after seeking of a condonation of delay has been rejected by the impugned order, on the ground of delay. 2) The facts that emerge for consideration by us, are that the Appellant Southern Power Distribution Company of Telangana Ltd. is a power distribution company, which is owned by the Government of Telangana. Further, it has come on record that the Respondent has applied for and was sanctioned the HT Electri....
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....cating Authority. 4) The Appellant is said to have filed the proceedings, under Section 42 of I&B Code, before the Learned Adjudicating Authority on 22.02.2022, which was contested and the same has been rejected by the impugned order dated 17.07.2023 by the Learned Tribunal on the ground that, the same was barred by limitation on the ground that the time taken to file the appeal is beyond the time limit provided under Section 42 of I&B Code. If the application as preferred by the Appellant, before the Adjudicating Authority is taken into consideration, the said Appeal was preferred under Section 42 of I&B Code, as against the partial rejection of his claim by the liquidator and the Appellant herein, he had explained the aspect of limitat....
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....t being able to file the Appeal within 14 days, and that the reason, which has been given therein, does not contain a whisper as to why there was a delay beyond 14 days, as it is contemplated under Section 42 of the I&B Code. In this context, it is to be noted that in Para 4 of the Appeal, that has been preferred by the Appellant, under Section 42 of I&B Code, the Appellant had sought condonation of delay in filing the appeal on account of Covid-19 situation, which is a good enough reason on account of the Suo-motu Judgement of Hon'ble Apex Court. 7) Besides that, if the provisions under Section 5 of Limitation Act is taken into consideration, it does not insist on filing of an independent application for condonation of delay. The said p....
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....unal has to satisfy itself from the pleadings that the Appellant was constrained by sufficient cause for not preferring the Appeal or making an application within the prescribed period. 10) In response to the said argument, the Learned Counsel for the Respondent has submitted that, the Appellant in Clause 4 of the Application preferred by him, before the Learned Tribunal, by way of IA No. 168/2022, he has stated that he had filed a separate application for seeking condonation of delay. Even if this assertion has been made in the application itself, of filing of an independent application for seeking condonation of delay, non-filing of the same would not deprive the Appellant herein, for seeking the condonation of delay of the light of th....