Appeal filed after 58 days of admission plea u/s 9 was barred by limitation, and therefore, was to be rejected: NCLAT
- Blog|News|Insolvency and Bankruptcy Code|
- 2 Min Read
- By Taxmann
- |
- Last Updated on 11 August, 2021
Latest from Taxmann
Case details: Gursharan Singh v. State Trading Corporation of India Ltd - [2021] 129 taxmann.com 15 (NCLAT- New Delhi)
Judiciary and Counsel Details
-
- A.I.S. Cheema and Anant Bijay Singh, Judicial Member and Kanthi Narahari, Technical Member.
- Nikhil Nayyar Sr. Adv., Naveen Kr. Chaudhary and Divyanshu Rai, Advs. for the Appellant.
- Dr. Maurya Vijay Chandra, Ashok Juneja and Ms. Sucheta Gupta, (CS) for the Respondent.
Facts of the Case
Tribunal may allow an appeal to be filed after the expiry of the said period of 30 days if it is satisfied that there was sufficient cause for not filing the appeal in time but such period shall not exceed 15 days.
In the instant case, section 9 application filed by an operational creditor against the corporate debtor which was admitted by impugned ex parte order, dated 8-5-2019 and Interim Resolution Process made all efforts to inform the appellant and also served letter at appellants house, dated 30-5-2019 in the first week of June 2019 and same was received by an adult member of the family. The service of the letter must be said to be complete on the date of delivery of a letter.
NCLAT Held
The argument of the appellant that free copy was not served, was not relevant as IBC does not have provision to serve free copies. Thus, the appellant having taken 58 days to file an appeal was time-barred and had to be rejected.
Case Review
-
- State Trading Corpn. of India Ltd. v. Spacevision Impex (P.) Ltd. [2019] 108 taxmann.com 410 (NCLT – New Delhi) (para 9) affirmed.
List of Cases Referred to
-
- Sagufa Ahmed v. Upper Assam Plywood Products (P.) Ltd. [2020] 119 taxmann.com 231/[2021] 163 SCL 201 (SC) (para 8).
Disclaimer: The content/information published on the website is only for general information of the user and shall not be construed as legal advice. While the Taxmann has exercised reasonable efforts to ensure the veracity of information/content published, Taxmann shall be under no liability in any manner whatsoever for incorrect information, if any.
Taxmann Publications has a dedicated in-house Research & Editorial Team. This team consists of a team of Chartered Accountants, Company Secretaries, and Lawyers. This team works under the guidance and supervision of editor-in-chief Mr Rakesh Bhargava.
The Research and Editorial Team is responsible for developing reliable and accurate content for the readers. The team follows the six-sigma approach to achieve the benchmark of zero error in its publications and research platforms. The team ensures that the following publication guidelines are thoroughly followed while developing the content:
- The statutory material is obtained only from the authorized and reliable sources
- All the latest developments in the judicial and legislative fields are covered
- Prepare the analytical write-ups on current, controversial, and important issues to help the readers to understand the concept and its implications
- Every content published by Taxmann is complete, accurate and lucid
- All evidence-based statements are supported with proper reference to Section, Circular No., Notification No. or citations
- The golden rules of grammar, style and consistency are thoroughly followed
- Font and size that’s easy to read and remain consistent across all imprint and digital publications are applied
Sign Up
To subscribe to our weekly newsletter please log in/register on Taxmann.com
Latest Books
Everything on Tax and Corporate Laws of India
To subscribe to our weekly newsletter please log in/register on Taxmann.com
