In I.A. No. 32 of 202-NCLAT- NCLAT dismisses delay condonation application filed by Jindal Power, says as per proviso to Sec.61 of IBC, Tribunal's jurisdiction is limited to condonation of delay of 15 days only
Chairperson- Ashok Bhushan & Technical Member- Barun Mitra [11-04-2023]

Read Order:  Jindal Power Limited v. Dushyant C. Dave 

Tulip Kanth

New Delhi, April 15, 2023: Noting the fact that the certified copy of NCLT’s Order was applied by the Applicant company-Jindal Power after expiry of 30 days of limitation as prescribed in Section 61 of the IBC and the appeal filed by the Company was beyond 15 days after the expiry of the period of limitation, the National Company Law Appellate Tribunal has dismissed the delay condonation application.

Referring to the judgment of the Top Court in V. Nagarajan Vs. SKS Ispat & Power Ltd., the Bench comprising Chairperson- Ashok Bhushan & Technical Member- Barun Mitra said, “ The benefit of period requisite for filing certified copy can be claimed by an Applicant only when certified copy is applied before the expiry of the period of limitation. Even if a litigant makes an application on the last day of limitation for certified copy of the order he is entitled to reckon the period for obtaining certified copy for purposes of computation of limitation.”

The Application for condonation of delay in filing the appeal was  made by Jindal Power Limited and the Appeal under Section 61 of the Insolvency and Bankruptcy Code, 2016 was filed by the applicant-Company against the Order dated August 2, 2022 passed by the Adjudicating Authority (National Company Law Tribunal, Ahmedabad, Division Bench, Court-1) rejecting the application filed by the Appellant-Successful Bidder. Challenging the Order dated August 2, 2022, this Appeal had been filed on  September 19 , 2022.

An order was passed on February 21, 2023 and both the parties were heard on the Delay Condonation Application on March 16, 2023. In pursuance of time allowed, an Additional Affidavit dated February 27, 2023 had been filed by the Appellant.

It was the appellant’s case that from the date of filing application for certified copy of the order till the receipt of the certified copy of the order i.e. from September 15, 2022 to September 19, 2022 the time ought to be excluded and after excluding the said period, Appeal was filed on 43^rd day that was within 45 days. It was submitted that the Appeal being filed within 45 days, this Tribunal could condone the delay in filing the Appeal. 

Taking note of the fact that Order was pronounced on August 2, 2022 and Appeal was filed on September 19, 2022, the Bench said, “From 2nd August, 2022, 30th days period came to an end on 01st September, 2022 and further 15 days period also came to an end on 16th September, 2022, the Appeal filed on 19th September, 2022 is thus on 48th day. The delay thus is beyond 45 days.”

According to the Bench, when the certified copy had been applied after expiry of the period of limitation, the applicant couldnot be allowed to take benefit of Section 12(2) of the Limitation Act. 

The Bench opined that the Appellant couldn’t claim the benefit for the period from September 15, 2022 to September 19, 2022 during which certified copy was under preparation. 

“The jurisdiction of the Tribunal in Section 61 proviso is limited to condonation of delay of 15 days only. This tribunal has no jurisdiction to condone the delay beyond 15 days”,the Bench said  while dismissing the delay condonation application as the Appeal was filed beyond the delay of 15 days after the expiry of period of limitation.