Under Section 61 of IBC, the power to condone delay vested with NCLAT is 15 days only, when the delay is beyond 15 days, NCLAT cannot exercise its jurisdiction to condone delay – IL & FS Financial Services Ltd. Vs. Empower India Ltd. – NCLAT New Delhi
NCLAT observed that in the present case impugned order was passed on 14.10.2022. 30 days’ limitation was till 14.11.2022 and giving the benefit of 13 days in uploading the impugned order during which the certified copy of the order was under preparation, the appeal could have been filed on 27.11.2022. This appeal has been e-filed on 14.12.2022 and physical copy was filed on 15.12.2022. The appeal has been filed beyond 15 days’ delay. When we look into the judgment of NCLAT Chennai Bench in M.K. Resely and Ors. Vs. Union Bank of India and Ors. (2022) ibclaw.in 944 NCLAT, it appears that Tribunal by giving benefit of Section 14 of the Limitation Act, has in a liberal manner, treated the appeal within time. The present is not a case where there is any case for claiming benefit of Section 14 of the Limitation Act. Hence, the said judgment has no application in the present case.