Insolvency and Bankruptcy Code, 2016 – s.61(2) – Appeals
and Appellate Authority – In response to the public announcement
by Interim Resolution Professional (IRP) inviting the claims from
the creditors of the corporate debtor, the appellant submitted claim
of Rs.673.85 crores – The IRP rejected the claim of the appellant
on the ground that there was no privity of contract between the
appellant and the corporate debtor and no letter of guarantee was
issued by the corporate debtor in favour of the appellant – Appellant
challenged the rejection before the National Company Law Tribunal
(NCLT), which upheld the decision of the IRP – Aggrieved, the
appellant preferred appeal before the National Company Law
Appellate Tribunal (NCLAT) – There was a delay of 44 days in
preferring the said appeal – The NCLAT dismissed the appeal on
the ground that Appellate Tribunal has no jurisdiction to condone
the delay beyond 15 days from 30 days and appeal is barred by
limitation – On appeal, held: As per s.61(2) of the IB Code, the
appeal is required to be preferred within a period of 30 days – The
Appellate Tribunal may allow an appeal to be filed beyond the period
of 30 days, if it is satisfied that there was sufficient cause for not
filing the appeal, but such period shall not exceed 15 days – So,
the appeal before the NCLAT was required to be filed within a
maximum period of 45 days (30 days + 15 days) – However, in the
instant case there was delay of 44 days beyond a total period of 45
days – It is settled legal position that the law of limitation may harshly
affect a particular party but it has to be applied with all its rigour
when the Statute so prescribes – The Court has no power to extend
the period of limitation on equitable grounds – It cannot be said
that the NCLAT has committed any error in dismissing the appeal
on the ground of limitation by observing that it has no jurisdiction
and/or power to condone the delay exceeding 15 days.