07/08/2019

Appellate Tribunal has no jurisdiction to condone the delay beyond 15 days after the expiry of the period of 30 days in preferring the Appeal under Section 61 of IBC, even if there is sufficient cause to delayed – Mr. Dhirendra Kumar Vs. M/s Randstand India Pvt. Ltd. & Anr – NCLAT New Delhi

NCLAT held that keeping in view Section 238A of I&B Code, in case of any inconsistency, the provision of Section 61(2) will prevail over the Section 14 of the Limitation Act, 1963 and, therefore, we hold that this Appellate Tribunal has no jurisdiction to condone the delay beyond 15 days after the expiry of the period of 30 days in preferring the Appeal, even if, we are satisfied that there is sufficient cause shown by the Appellant. Having heard learned Counsel for the Appellant, we cannot condone the delay of 360 days.

Appellate Tribunal has no jurisdiction to condone the delay beyond 15 days after the expiry of the period of 30 days in preferring the Appeal under Section 61 of IBC, even if there is sufficient cause to delayed – Mr. Dhirendra Kumar Vs. M/s Randstand India Pvt. Ltd. & Anr – NCLAT New Delhi Read Post »

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