Case Reference:

Case Name : Sunil Sharma Vs. Hex Technologies Pvt. Ltd.
Company Appeal : Company Appeal (AT) (Insolvency) No. 339 of 2018
Appellant : Sunil Sharma
Respondent : Hex Technologies Pvt. Ltd.
Order Date : 20-Sep-18
Court/Bench : NCLAT, New Delhi

Full text of the judgment:


20.09.2018: This appeal has been preferred by Mr. Sunil Sharma, against order dated 28th September, 2017 whereby application under Section 9 of Insolvency and Bankruptcy Code, 2016 (for short ‘I&B Code’) preferred by him was rejected by the Adjudicating Authority (National Company Law Tribunal), Chandigarh Bench. The certified copy of the order was served on the Appellant on 11th October, 2017 but appeal having filed on 3rd May, 2018. A petition for condonation of delay for 18 days has been filed. 2. Having heard learned counsel for the Appellant and learned counsel for the Respondent and as this Appellate Tribunal has no jurisdiction to condone delay beyond 15 days apart from the 30 days for preferring an appeal, as prescribed under Section 61 (2) of the I&B Code, the application for condonation of delay is dismissed and in result the appeal is dismissed being barred by limitation. Both the appeal and I. A. No. 902 of 2018 are dismissed. No costs.

[Justice S. J. Mukhopadhaya] Chairperson

[Justice Bansi Lal Bhat] Member (Judicial)


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