Case Note & Summary
The National Company Law Appellate Tribunal (NCLAT) Principal Bench, New Delhi, heard an application for condonation of delay in filing an appeal under Section 61 of the Insolvency and Bankruptcy Code, 2016. The appeal was filed by Evergreen Corporation against an order dated 24.01.2024 of the National Company Law Tribunal, Mumbai Bench, in CP (IB) No. 80/MB/2020. The appeal was accompanied by I.A. No. 8804 of 2024 seeking condonation of 244 days delay. The appellant later filed an additional affidavit on 18.03.2025 in support of the condonation application. The NCLAT heard both sides and perused the records. The appellant contended that the delay was due to various reasons, but the tribunal found the explanation insufficient. The NCLAT held that the appellant failed to provide a satisfactory explanation for the delay and dismissed the application for condonation of delay, consequently dismissing the appeal as time-barred.
Headnote
A) Limitation - Condonation of Delay - Section 61 of Insolvency and Bankruptcy Code, 2016 - Appeal filed with 244 days delay - Appellant failed to provide sufficient cause for the delay - Held that delay cannot be condoned as the explanation was not satisfactory (Paras 2-7).
Issue of Consideration
Whether the delay of 244 days in filing the appeal should be condoned.
Final Decision
The application for condonation of delay (I.A. No. 8804 of 2024) is dismissed. Consequently, the appeal (Company Appeal (AT) (Insolvency) No. 2349 of 2024) is dismissed as time-barred.
Law Points
- Condonation of delay
- Sufficient cause
- Limitation
- Section 61 IBC
- 2016
Case Details
2024 LawText (NCLAT) (01) 4
Company Appeal (AT) (Insolvency) No. 2349 of 2024
Arun Baroka (Member Technical)
Mr. Sagar Ghogare, Mr. Suraj S. Ghogare (for Appellant); Mr. Nakul Mohta, Mr. Munaf Virjee, Mr. Rushabh Parekh, Mr. Ayush Kashyap (for Respondent)
M/s. Satec Envir Engineering (India) Pvt. Ltd.
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Nature of Litigation
Appeal under Section 61 of Insolvency and Bankruptcy Code, 2016 against order of NCLT Mumbai Bench.
Remedy Sought
Condonation of delay of 244 days in filing the appeal.
Filing Reason
Appellant sought to challenge the impugned order dated 24.01.2024 but filed appeal with delay.
Previous Decisions
Impugned order dated 24.01.2024 passed by NCLT Mumbai Bench in CP (IB) No. 80/MB/2020.
Issues
Whether the delay of 244 days in filing the appeal should be condoned.
Submissions/Arguments
Appellant contended that delay was due to various reasons and filed additional affidavit in support. Respondent opposed condonation.
Ratio Decidendi
The appellant failed to provide sufficient cause for the delay of 244 days; hence, the delay cannot be condoned and the appeal is dismissed as time-barred.
Judgment Excerpts
This is an Appeal under Section 61 of the Insolvency and Bankruptcy Code, 2016 against the Order dated 24th January, 2024 of the Hon'ble National Company Law Tribunal, Mumbai Bench.
Before the Company Appeal (AT) (Insolvency) No. 2349 of 2024 is taken up, prayer for condonation of delay of 244 days, as filed in I.A. No. 8804 of 2024 is being addressed.
Procedural History
Impugned order dated 24.01.2024 passed by NCLT Mumbai Bench. Appeal filed with 244 days delay. I.A. No. 8804 of 2024 filed for condonation of delay. Additional affidavit filed on 18.03.2025. Heard both sides. Application dismissed, appeal dismissed as time-barred.
Acts & Sections
- Insolvency and Bankruptcy Code, 2016: 61
