This appeal arises from an impugned order dated 22 October 2019, passed by the Adjudicating Authority/National Company Law Tribunal, Ahmedabad Bench, Ahmedabad in Company Petition (IB) No. 118/NCLT/AHM/2018. The Adjudicating Authority approved the Resolution Plan of Corporate Debtor Maruti Koatsu Cylinders Limited under Section 31 of the Insolvency and Bankruptcy Code, 2016. The appellant, Asset Reconstruction Company India Limited (ARCIL), challenged this order, primarily contesting the delay in filing the appeal.
The Asset Reconstruction Company India Limited (ARCIL) filed an appeal against an order dated 22 October 2019, passed by the Adjudicating Authority/National Company Law Tribunal, Ahmedabad Bench, approving the Resolution Plan of Maruti Koatsu Cylinders Limited. The appeal was filed on 29 January 2020, with a delay of 52 days. ARCIL contended that the delay should be condoned because the cause of action was continuous, stemming from a letter filed before the Registrar of the NCLT on 26 November 2019, and the subsequent order dated 19 December 2019. The Respondent No. 2, the Successful Resolution Applicant, argued that the appeal was filed beyond the permissible limitation period under Section 61(2) of the IBC, which allows for a maximum delay of 15 days beyond the
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Company Petiti…
Adjudicating Authority/National Company Law…
This appeal arises from an impugned order dated 22 October 2019, passed by the Adjudicating Authority/National Company Law Tribunal, Ahmedabad Bench, Ahmedabad in Company Petition (IB) No. 118/NCLT/AHM/2018. The Adjudicating Authority approved the Resolution Plan of Corporate Debtor Maruti Koatsu Cylinders Limited under Section 31 of the Insolvency and Bankruptcy Code, 2016. The appellant, Asset Reconstruction Company India Limited (ARCIL), challenged this order, primarily contesting the delay in filing the appeal.
The Asset Reconstruction Company India Limited (ARCIL) filed an appeal against an order dated 22 October 2019, passed by the Adjudicating Authority/National Company Law Tribunal, Ahmedabad Bench, approving the Resolution Plan of Maruti Koatsu Cylinders Limited. The appeal was filed on 29 January 2020, with a delay of 52 days. ARCIL contended that the delay should be condoned because the cause of action was continuous, stemming from a letter filed before the Registrar of the NCLT on 26 November 2019, and the subsequent order dated 19 December 2019. The Respondent No. 2, the Successful Resolution Applicant, argued that the appeal was filed beyond the permissible limitation period under Section 61(2) of the IBC, which allows for a maximum delay of 15 days beyond the
…Company Petiti…
Adjudicating Authority/National Company Law…