# In the matter of Cloud9 Apartment Owners Association vs. Mohit Goyal Resolution Professional for Aadi Best Consortium Pvt. Ltd. & Anr. I.A No. 1874 of 2023 in Comp. App. (AT) (Ins) No. 573 of 2023

> NCLAT judgment dated 2023-05-12. Citation: TCN-2023-NCLAT-00535. Cloud9 Apartment Owners Association filed an appeal against the admission of an application…

- **Court:** NCLAT
- **Order date:** 12 May 2023
- **Citation:** TCN-2023-NCLAT-00535
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/cloud9-apartment-owners-association-vs-mohit-goyal-resolution-professional-for-a-2b540fda

## Summary

### Background

Cloud9 Apartment Owners Association filed an appeal against the admission of an application to initiate Corporate Insolvency Resolution Process (CIRP) against Aadi Best Consortium Private Limited. The application was admitted by order dated 31.03.2022. The association initially filed a writ petition before the Delhi High Court, which directed them to approach the NCLAT within 15 days. The present appeal was filed with a delay, seeking condonation of the delay.

## Facts

The Cloud9 Apartment Owners Association filed an appeal against the order dated 31.03.2022 passed by NCLT, which admitted an application for initiating CIRP against Aadi Best Consortium Private Limited. The association initially filed a writ petition before the Delhi High Court, which was disposed of with a direction to approach the NCLAT within 15 days. The appeal was filed with a delay, and the association sought condonation of the delay. The NCLAT considered the provisions of Section 61 of the IBC, which deals with appeals and the limitation period for filing an appeal. The NCLAT also considered the Supreme Court's decision in 'National Spot Exchange Limited Vs. Anil Kohli Resolution Professional for Dunar foods Limited', which held that delay beyond the permissible

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## Issues and analysis

### Issue 1: Whether the NCLAT has the jurisdiction to condone the delay in filing the appeal beyond the period …

**Ratio:** Section 61(2) of the Insolvency and Bankruptcy Code, 2016, provides that an appeal must

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**Reasoning:** The NCLAT reasoned that Section 61(2) of the IBC explicitly limits the period for

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**Interpretation:** The legal interpretation is that the IBC sets a strict timeline for filing

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**Application:** In this case, the appeal was filed with a delay exceeding the permissible

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## Parties

- **Judges:** Rakesh Kuma…; Naresh Sa…
- **Appellants:** Cloud9 Apartment…
- **Respondents:** Aadi Best…; Mohit G…

## Timeline

- **2022-03-31 — NCLT Ord…**: NCLT admitted the application to initiate CIRP against Aadi Best Consortium Private…
- **2022-03-24 — Delhi High Cou…**: Delhi High Court disposed of WP(C) No. 12668 of 2022, directing the appellant to approach…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 9 — Application for initiation of corporate insolvency…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-9)

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