# In the matter of Amit Singhal & Anr. Vs. Experion Developers Pvt. Ltd. CA(AT) (Insolvency) No. 992 of 2019

> NCLAT judgment dated 2019-09-26. Citation: TCN-2019-NCLAT-00243. The Appellants, claiming to be allottees, filed an appeal against an order dated July 17,…

- **Court:** NCLAT
- **Order date:** 26 Sept 2019
- **Citation:** TCN-2019-NCLAT-00243
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/amit-singhal-anr-vs-experion-developers-pvt-ltd-ca-03c084ee

## Summary

### Background

The Appellants, claiming to be allottees, filed an appeal against an order dated July 17, 2019, passed by the Adjudicating Authority (National Company Law Tribunal), New Delhi, Bench-III, which rejected their application under Section 7 of the Insolvency and Bankruptcy Code, 2016. The appeal was filed 26 days beyond the prescribed 30-day period.

## Facts

The Appellants claimed to be allottees and filed an appeal against the Adjudicating Authority's order rejecting their application under Section 7 of the Insolvency and Bankruptcy Code, 2016. The appeal was filed 26 days beyond the 30-day period. The Appellant's counsel attempted to explain the delay, stating that the appeal was filed 56 days after the impugned order. The Respondent argued that the installment amount had not been paid by the Appellants, leading to the cancellation of the agreement in 2015 and a subsequent refund. The Appellants then moved before the Consumer Forum for a refund of the said amount. The key fact is the delay in filing the appeal, which led to the dismissal of the appeal based on lack of jurisdiction.

## Issues and analysis

### Issue 1: Whether the Appellate Tribunal has jurisdiction to entertain the appeal given the delay of 26 days …

**Ratio:** The Appellate Tribunal lacks jurisdiction to entertain an appeal filed beyond the

…

**Reasoning:** The court reasoned that the appeal was filed 26 days beyond the 30-day period, and

…

**Interpretation:** Section 61(2) of the Insolvency and Bankruptcy Code, 2016, sets a strict

…

**Application:** In this case, the appeal was filed 26 days beyond the 30-day period. Therefore,

…

## Parties

- **Judges:** S.J. Mukhop…; A.I.S. C…; +1 more
- **Appellants:** Amit Si…
- **Respondents:** Experion Developer…
- **Advocates:** Aditya Pa…; Piyush…; +3 more

## Timeline

- **2019-07-17 — Order by Adjudicating…**: The Adjudicating Authority (National Company Law Tribunal), New Delhi, Bench-III,…
- **2019-09-26 — Order by Appellate…**: The Appellate Tribunal dismissed the appeal due to the delay in filing, asserting its…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 7 — Initiation of corporate insolvency resolution…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-7)

---

This is a preview. The full structured summary, issues, precedents and source judgment are available on CaseEase - Legal Intelligence Simplified: https://caseease.in/cases/ibc/nclat-new-delhi/amit-singhal-anr-vs-experion-developers-pvt-ltd-ca-03c084ee