(Indira Banerjee and Sanjiv Khanna, JJ.)
Lidan Marine AB __________________________________ Appellant;
v.
Transvahan Technologies India Pvt. Ltd. _____________ Respondent.
Civil Appeal No. 9326 of 2019, decided on January 31, 2020
The Order of the court was delivered by
Order
1. This appeal is against the Judgment and Order dated 16.09.2019 passed by the National Company Law Appellate Tribunal, New Delhi, dismissing on the ground of delay, Company Appeal (AT) (Insolvency) No. 956 of 2019, filed by the Appellant, from an order dated 17.05.2019 of the National Company Law Tribunal (Bengaluru Bench) dismissing Company Petition No. (IB) 73(BB)/2018 filed by the appellant under Section 9 of the Insolvency and Banking Code 2016, for initiating Corporate Insolvency Resolution Process against the Respondent.
2. A certified copy of the order dated 17.05.2019 was made available to the Appellant on 03.06.2019. The Appeal was filed on 30.08.2019.
3. The Appellate Tribunal refused to entertain the Appeal in view of Sub-Section (2) of Section 61 of the Insolvency and Bankruptcy Code, 2016, extracted hereunder:—
“61(2). Every appeal under subsection (1) shall be filed within thirty days before the National Company Law Appellate Tribunal:
Provided that the National Company Law Appellate Tribunal may allow an appeal to be filed after the expiry of the said period of thirty days if it is satisfied that there was sufficient cause for not filing the appeal but such period shall not exceed fifteen days.”
4. The Appellate Tribunal very rightly found that it had no jurisdiction to condone the delay beyond 15 days over and above the limitation of 30 days in preferring the appeal. We find no ground at all to interfere with the reasoning. The appeal is, therefore, dismissed.
SUPREME COURT OF INDIA
RECORD OF PROCEEDINGS
Civil Appeal No(s). 9326/2019
M/s. Lidan Marine AB.….Appellant(s)
v.
M/s. Transvahan Technologies India Pvt. Ltd.….Respondent(s)
(FOR ADMISSION)
Date : 31-01-2020 This appeal was called on for hearing today.
(Before Indira Banerjee and Sanjiv Khanna, JJ.)
For Appellant(s) Mr. J. Sai Deepak, Adv.
Mr. Jinendra Jain, AOR Mr. Abhishek Jain, Adv.
Mr. Avinash K. Sharma, Adv.
For Respondent(s) Mr. Joseph Aristotle S., Adv.
Mrs. Priya Aristotle, AOR Ms. Sneha, Adv.
UPON hearing the counsel the Court made the following
ORDER
5. The appeal is dismissed in terms of the signed order.
6. Pending interlocutory application(s), if any, is/are disposed of.
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