Disclaimer

This website is only for informational purposes. Visitors are requested to note that the information is intended to be correct, complete, and up-to-date. Juris Corp does not warrant that the information contained on this website is accurate or complete, and disclaims any and all liability to any person for any loss or damage caused by errors or omissions, whether such errors or omissions result from negligence, accident or any other cause.

This website is not intended to be a source of advertising or solicitation. The reader must not consider the information contained herein to be an invitation for a lawyer-client relationship, must not rely on information provided herein and must seek independent advice. Transmission, receipt or use of any information on this website does not constitute or create a lawyer-client relationship. No recipients of content from this website should act or refrain from acting, based upon any or all of the contents of this website.

Furthermore, Juris Corp does not wish to represent anyone desiring representation based solely upon viewing this web site. Finally, the reader is warned that the use of e-mail for confidential or sensitive information is susceptible to inherent risks of lack of confidentiality associated with sending e-mail over the internet.

By clicking on the "I understand and agree" button below, the user acknowledges that:

  • This website is not a mode of advertisement, promotion, personal communication, or solicitation of any sort whatsoever and the user wishes to gain information about us for his/her own reasons;
  • Entering into this website does not establish a lawyer-client relationship.

We are not liable for any consequence of any action taken by the user relying on information provided under this website. In cases where the user has any legal issues, he/she must seek independent legal advice.

JC - Legal Updates - Delay beyond 15 days in filing an appeal before NCLAT uncondonable

Legal Updates

17 Sep 2021

Delay beyond 15 days in filing an appeal before NCLAT uncondonable

The Supreme Court in National Spot Exchange Limited vs Mr. Anil Kohli, Resolution Professional of Dunar Foods Limited [Civil Appeal No. 6187 of 2019] has held that the National Company Law Appellate Tribunal (NCLAT) has no powers to condone a delay beyond 15 days in an appeal filed against a decision of the National Company Law Tribunal (NCLT) under section 61(2) of the Insolvency and Bankruptcy Code, 2016 (IBC).

Section 61(2) of the IBC provides that an appeal before NCLAT against any order passed by NCLT must be filed within 30 days. Proviso to Section 61(2) empowers NCLAT to condone a delay, however only of 15 days.

In the present case, the appeal was filed with a delay of 44 days beyond the total permissible period of 45 days as prescribed under section 61(2) of the IBC, hence the appeal was dismissed.

The Supreme Court while dismissing the Appeal, further observed that such a delay cannot be condoned even in exercise of powers under Article 142 of the Constitution.

https://main.sci.gov.in/supremecourt/2019/27666/27666_2019_13_1501_30086_Judgement_14-Sep-2021.pdf

For any further information, please contact Mr. Shubhabrata Chakraborti (shubhabrata.chakraborti@jclex.com) or Mr. Dhruv Malik (dhruv.malik@jclex.com).