TaxTMI 
TaxTMI 
2026 (1) TMI 1235
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.... filed by the Appellant-Brijinder Singh under Section 61 of the Insolvency and Bankruptcy Code, 2016, ('IBC' in short) challenging the order dated 03.02.2025 passed by the Adjudicating Authority (National Company Law Tribunal, Division Bench, Court-V, New Delhi) in I.A. No.3223/2022 in C.P. (IB) No.189/ND/2022. 2. This appeal has been e-filed on 29.03.2025. The Appeal has been accompanied with I.A No. 7024 of 2024 which is an application praying for condonation for 9 days delay in filing of the appeal. The prayers contained in I.A No. 7024 of 2024 read as follows: 'It is most humbly and respectfully prayed that this Hon'ble Tribunal may graciously be pleased to: a. Pass an order condoning the delay of 9 days in filing t....
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.... informed to the Appellant on 04.02.2025 through email from the registry. • It is submitted that the Appellant thereafter through counsel applied for the certified copy of the Impugned Order on 06.03.2025. The registry informed that the certified copy of the order would be ready in two weeks. The clerk of the Appellants counsel went to the registry on 17.03.2025 initially when he was informed that the certified copy would be ready within 2 days. The clerk thereafter went on 19.03.2025 however the same wasn't ready. He went the very next day i.e. 20.03.2025 when he was informed that the copy was printed however unstamped and was asked to come on Monday. The clerk thereafter on Monday i.e. 24.03.2025 went and learned that the....
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....itizen, has approached this Hon'ble Tribunal with folded hands and clean intent and Bonafide. That the Applicant further states in case the delay is not condoned, the irreparable loss and prejudice shall be caused to the Appellant. That the Applicant further states if the delay is condoned, no prejudice shall be caused to the Respondent. It is further stated that there has been no gross negligence, inaction or lack of bonafide on the part of the Appellant and the delay was purely inadvertent and beyond the control of the Appellant and a liberal approach may be taken by this Hon'ble Tribunal while deciding the current application." 5. We have heard the Learned Counsel for the Appellant at length and perused the records. 6. Coming t....
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....ired on 05.03.2025. The further extendable period of 15 days in terms of proviso to Section 60(2) ended on 20.03.2025. However, since the present appeal has been e-filed on 29.03.2025, it clearly lies beyond the outer limit of thirty plus fifteen days provided under Section 61(2) of the IBC. 8. The counsel for the Appellant tried to justify the delay on the ground of time taken in obtaining the certified copy of the impugned order. When an order is passed by the Adjudicating Authority, it casts an obligation upon the aggrieved party to apply for a certified copy within the period of limitation if the benefit under Section 12 of the Limitation Act, 1963 is sought to be claimed. It is well settled law that an application for certified copy....
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....he impugned order on 06.03.2025. In the present case since the certified copy of the impugned order was sought by the Appellant on 06.03.2025 which date was clearly after the expiry of the 30 days limitation period, the benefit under Section 12 of the Limitation Act does not accrue to the Appellant in the present case. 9. We are therefore of the considered view that this Appeal has been filed beyond the condonable period of 15 days. The jurisdiction of this Appellate Tribunal to condone delay being strictly limited by statute, we are unable to condone the delay in filing the Appeal. Company Appeal No. 1810 of 2025 10. Present is another appeal which has been filed by the Appellant-Ratna Singh under Section 61 of the Insolvency and ....