National Company Law Appellate Tribunal
Mithlesh Devi & Ors vs Asset Care And Reconstruction ... on 16 October, 2023
NATIONAL COMPANY LAW APPELLATE TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
Company Appeal (AT) (Insolvency) No. 1285 of 2023
&
I.A. No. 4550 of 2023
IN THE MATTER OF:
Mithilesh Devi & Ors. ...Appellant
Versus
Asset Care & Reconstruction Enterprises Ltd. & Ors. ...Respondents
Present:
For Appellant : Advocate Dhananjai Jain, Advocate Omita Unnaarkar
For Respondents : Ms. Wamika Trehan, Ms. Raddhika Khanna, Mr.
Siddhant Kumar, Advocates for SRA
ORDER
16.10.2023: Heard Learned Counsel for the parties.
2. This Appeal has been filed against the order dated 24th April, 2023 approving the Resolution Plan.
3. This Appeal has been e-filed on 04th August, 2023. When the Appeal was taken on 06.10.2023, Learned Counsel for the Appellant sought for time to file Additional Affidavit. Additional Affidavit has been filed in support of Delay Condonation Application.
4. Learned Counsel appearing for Respondent submits that Appeals raising similar issues against the same Corporate Debtor where notices were issued in Section 5 Application were considered and dismissed by this Tribunal on 06th October, 2023 in C.A.(AT) Ins. No. 897 of 2023. 2
5. Learned Counsel for the Appellant submits that Publication by IRP was made in the papers which have no circulation and there was a fraud. We are only concerned in this Appeal regarding the Delay in filing the Appeal. The Application has been filed for condonation of delay which is 82 days.
6. We are unable to condone the above 82 days delay. The present application is covered by order dated 06.10.2023 passed in Appeals filed by similar homebuyers challenging the same order.
7. Learned Counsel for the Appellant has relied on Section 17 of the Limitation Act and Entry 23. We in the present Appeal are considering the delay in filing the Appeal, we are unable to enter into merits or entertain any submission raised by the Appellant on the merits of the case including Section 17 of the limitation act.
8. We thus are of the view that no ground has been made out to condone the delay. Delay Condonation Application (I.A. No. 4550 of 2023) is dismissed. Consequently, Memo of Appeal is rejected.
[Justice Ashok Bhushan] Chairperson [Barun Mitra] Member (Technical) Basant/nn Company Appeal (AT) (Insolvency) No.1285 of 2023