The case involves an appeal against an order dated 2022-09-12, filed with an application for condonation of delay. The appellant sought condonation for a four-day delay in filing the appeal, citing confinement in jail since 2018-09-12 and lack of knowledge of the impugned order. The Resolution Professional (RP) sent a copy of the impugned order through DTDC courier on 2022-10-11. The appellant argued that the limitation period should be counted from the date of knowledge of the order. The RP contended that the limitation period should be counted from the date of the order, as per the Supreme Court's ruling in V. Nagarajan Vs. SKS Ispat and Power Limited & Ors., (2022) 2 SCC 244. The RP also argued that even with a 15-day grace period under Section 61(2), the appeal
…Diwakar Sharma filed an appeal against an order dated 2022-09-12. The appeal included an application (I.A. No. 4551 of 2022) seeking condonation of a four-day delay in filing the appeal. Sharma was confined in jail since 2018-09-12. Sharma claimed he did not receive the certified copy of the impugned order until the Resolution Professional (RP) sent it via DTDC courier on 2022-10-11. Sharma argued the limitation period should be counted from the date of knowledge. The RP, representing M/s Subhkamna Buildtech Pvt. Ltd., argued the limitation period should be counted from the order date, citing V. Nagarajan Vs. SKS Ispat and Power Limited & Ors., (2022) 2 SCC 244. The RP also noted that even with the 15-day extension under Section 61(2), the appeal was filed after 45
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The impugned order was…
The case involves an appeal against an order dated 2022-09-12, filed with an application for condonation of delay. The appellant sought condonation for a four-day delay in filing the appeal, citing confinement in jail since 2018-09-12 and lack of knowledge of the impugned order. The Resolution Professional (RP) sent a copy of the impugned order through DTDC courier on 2022-10-11. The appellant argued that the limitation period should be counted from the date of knowledge of the order. The RP contended that the limitation period should be counted from the date of the order, as per the Supreme Court's ruling in V. Nagarajan Vs. SKS Ispat and Power Limited & Ors., (2022) 2 SCC 244. The RP also argued that even with a 15-day grace period under Section 61(2), the appeal
…Diwakar Sharma filed an appeal against an order dated 2022-09-12. The appeal included an application (I.A. No. 4551 of 2022) seeking condonation of a four-day delay in filing the appeal. Sharma was confined in jail since 2018-09-12. Sharma claimed he did not receive the certified copy of the impugned order until the Resolution Professional (RP) sent it via DTDC courier on 2022-10-11. Sharma argued the limitation period should be counted from the date of knowledge. The RP, representing M/s Subhkamna Buildtech Pvt. Ltd., argued the limitation period should be counted from the order date, citing V. Nagarajan Vs. SKS Ispat and Power Limited & Ors., (2022) 2 SCC 244. The RP also noted that even with the 15-day extension under Section 61(2), the appeal was filed after 45
…The appellant,…
The impugned order was…