# In the matter of IL & FS Financial Services Ltd. vs. Empower India Ltd. Company Appeal (AT)(Insolvency) No. 25 of 2023

> NCLAT judgment dated 2023-03-29. Citation: TCN-2023-NCLAT-00646. The appeal was filed against an order dated 14.10.2022 passed by the Adjudicating Authority…

- **Court:** NCLAT
- **Order date:** 29 Mar 2023
- **Citation:** TCN-2023-NCLAT-00646
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/il-fs-financial-services-ltd-vs-empower-india-ltd-company-appeal-e8ffa920

## Summary

### Background

The appeal was filed against an order dated 14.10.2022 passed by the Adjudicating Authority (NCLT, Mumbai) in C.P. No. 541/IBC/MB/2020. The appellant applied for a certified copy of the impugned order on 02.11.2022. The appellant's counsel submitted that the copy of the order was uploaded on 15.11.2022, arguing that the appeal could not have been filed prior to that. The impugned order was passed on 14.10.2022, with a 30-day limitation period until 14.11.2022. The e-filing of the appeal occurred on 14.12.2022, and the physical copy was filed on 15.12.2022, resulting in a delay exceeding 15 days.

## Facts

The Adjudicating Authority (NCLT, Mumbai) passed an order on 14.10.2022 in C.P. No. 541/IBC/MB/2020. The appellant applied for a certified copy of the order on 02.11.2022, which was uploaded on 15.11.2022. The appeal was e-filed on 14.12.2022 and physically filed on 15.12.2022, resulting in a delay exceeding 15 days. The appellant sought condonation of the delay, relying on a judgment from the Chennai Bench of the Tribunal and Section 14 of the Limitation Act. The court found that the delay could not be condoned as it exceeded the permissible 15 days under Section 61 of the IBC and that Section 14 of the Limitation Act was not applicable in this case.

## Issues and analysis

### Issue 1: Whether the delay in filing …

**Ratio:** Under Section 61 of the IBC, the Appellate Tribunal has the power to condone delay up to

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**Reasoning:** The appeal was filed beyond 15 days of delay. The court determined that it did not have

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**Interpretation:** Section 61 of the IBC sets a strict limit on the period for which the Appellate

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**Application:** The delay in this case exceeded 15 days. Therefore, the Tribunal could not

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## Parties

- **Judges:** Ashok Bh…; Barun M…
- **Appellants:** IL & FS FINANCIAL…
- **Respondents:** Empower Ind…
- **Advocates:** Akshat Ha…; Tanmay…; +2 more

## Timeline

- **2022-10-14 — Order by Adjudicating…**: The Adjudicating Authority (NCLT, Mumbai)…
- **2022-11-02 — Application for…**: The appellant applied for a…

## 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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