National Company Law Appellate Tribunal
Bhupendra Jivrajbhai Surani Through ... vs Sanika Assets Management And ... on 19 December, 2023
NATIONAL COMPANY LAW APPELLATE TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
Company Appeal (AT) (Insolvency) No.1588 of 2023
& I.A. No. 5679, 5741 of 2023
IN THE MATTER OF:
Bhupendra Jivrajbhai Surani
Through Alan C. W. Tang ...Appellant
Versus
Sanika Assets Management and Investments Pvt. Ltd. ...Respondent
Present:
For Appellant: Mr. Vinod Kr. Kaushik and Mr. Girish Kr. Mishra,
Advocates.
For Respondent:
ORDER
19.12.2023: I.A. No. 5741 of 2023: This is an application praying for condonation of 17 days' delay in filing the Appeal. The order impugned was passed on 14.06.2023 and this Appeal has been filed on 31.07.2023. Learned counsel for the Appellant submits that the impugned order came to be uploaded on the website on 16.06.2023 and sometime was taken in the process of obtaining legal advice and collating documents.
2. It is well settled that the limitation for filing the Appeal shall commence on the date when order of Adjudicating Authority is pronounced and it has no dependence on the date of uploading of the order, which has been laid down by the Hon'ble Supreme Court in "V. Nagarajan vs. SKS Ispat and Power Limited & Ors., (2022) 2 SCC 244".
Cont'd.../ -2-
3. Our jurisdiction to condone delay is limited to only 15 days under Section 61(2) proviso. We, thus, are unable to condone the delay as prayed in the application. Delay Condonation Application is dismissed. In result, Memo of Appeal is rejected.
[Justice Ashok Bhushan] Chairperson [Barun Mitra] Member (Technical) [Arun Baroka] Member (Technical) Archana/nn Company Appeal (AT) (Insolvency) No.1588 of 2023