# In the matter of Gagandeep Singh & Ors. vs. Jaypee Infratech Singh & Ors. I.A. No. 2581 of 2023 in Company Appeal (AT) (Ins) No.765 & 766 of 2023

> NCLAT judgment dated 2023-07-03. Citation: TCN-2023-NCLAT-00422. The case involves Company Appeal (AT) (Ins) No.765 & 766 of 2023 along with I.A. No. 2581 of…

- **Court:** NCLAT
- **Order date:** 3 Jul 2023
- **Citation:** TCN-2023-NCLAT-00422
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/gagandeep-singh-ors-vs-jaypee-infratech-singh-ors-ia-no-2581-of-2023-in-company-16735dd4

## Summary

### Background

The case involves Company Appeal (AT) (Ins) No.765 & 766 of 2023 along with I.A. No. 2581 of 2023, filed by Gagandeep Singh & Ors. against Jaypee Infratech Singh & Ors. The appeals were filed with a delay of 325 and 39 days respectively, and the appellant filed applications (IA No. 2580 and IA No. 2581) for condonation of this delay.

## Facts

Gagandeep Singh & Ors. filed Company Appeal (AT) (Ins) No.765 & 766 of 2023 against Jaypee Infratech Singh & Ors. The appeals were filed with a delay of 325 and 39 days respectively. The appellant filed IA No. 2580 and IA No. 2581 seeking condonation of the delay. The appellant's counsel argued that the Resolution Plan was never provided to the applicant. The court noted that the delay exceeded the 15-day limit prescribed under Section 61 sub-section (2) proviso of the relevant law. The appeals were filed against the order dated 2022-05-25 and 2023-03-07.

## Issues and analysis

### Issue 1: Whether the delay of 325 and 39 days in filing the appeals can be condoned given the statutory …

**Ratio:** The court's jurisdiction to condone delay is limited to 15 days as per Section 61

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**Reasoning:** The court explicitly stated that its jurisdiction to condone delay is limited to 15 days

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**Interpretation:** Section 61 sub-section (2) proviso sets a strict limit of 15 days for

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**Application:** The court applied the statutory limit of 15 days to the facts of the case,

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## Parties

- **Judges:** Ashok Bh…; Barun M…
- **Appellants:** Gagandeep Singh &…
- **Respondents:** Jaypee Infratech…

## Timeline

- **2022-05-25 — Order Da…**: One of the orders against…
- **2023-03-07 — Order Da…**: One of the orders against…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 61 — Appeals and Appellate Authority](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-61)

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