# In the matter M.K. Resely Vs. Union Bank of India,Company Appeal (AT)(CH)(Insolvency) No. 337 of 2022

> NCLAT judgment dated 2022-11-24. Citation: TCN-2022-NCLAT-00076. The 'Petitioners' / 'Appellants' preferred IA No.990/2022 in Comp. App. (AT)(CH)(Ins)…

- **Court:** NCLAT
- **Order date:** 24 Nov 2022
- **Citation:** TCN-2022-NCLAT-00076
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/in-the-matter-mk-resely-vs-union-bank-of-indiacompany-appeal-620e2f44

## Summary

### Background

The 'Petitioners' / 'Appellants' preferred IA No.990/2022 in Comp. App. (AT)(CH)(Ins) No.337/2022 before the 'Appellate Tribunal', seeking to exclude the period from 25.01.2022 till 22.06.2022 ('147 Days') in computing the 'Period of Limitation'. The 'Petitioners' / 'Appellants' filed the Comp. App. (AT)(CH)(Ins) No.337/2022, dissatisfied with the 'impugned order' dated 21.01.2022, passed by the 'Adjudicating Authority' (National Company Law Tribunal, Kochi Bench, Kerala) in 'Allowing' MA/76/KOB/2020 in IBA/240/KOB/2019, filed by the 3rd Respondent / Liquidator, seeking direction from the 'Adjudicating Authority', (National Company Law Tribunal, Kochi Bench, Kerala), to 'add' the 'personal properties' of the 'Petitioners' / 'Appellants', into the 'Liquidation Estate'

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## Facts

The case involves an appeal against an order of the Adjudicating Authority (National Company Law Tribunal, Kochi Bench) dated 21.01.2022, which allowed MA/76/KOB/2020 in IBA/240/KOB/2019, filed by the Liquidator, seeking to include the personal properties of the Petitioners/Appellants in the Liquidation Estate of the Corporate Debtor. The Appellants, instead of immediately filing an appeal before the NCLAT, filed a Writ Petition No.2832/2022 before the High Court of Kerala on 26.01.2022, arguing that the Adjudicating Authority's order was without jurisdiction. This Writ Petition was dismissed on 22.04.2022. The Appellants then filed Writ Appeal No.537/2022, where the High Court granted them two weeks from 22.06.2022 to file an appeal before the NCLAT. The copy of the

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## Issues and analysis

### Issue 1: Whether the delay in filing the appeal before the NCLAT can be condoned by excluding the period …

**Ratio:** Section 14 of the Limitation Act, 1963, allows for the exclusion of time spent in

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**Reasoning:** The tribunal considered the appellants' argument that they were advised that the order of

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**Interpretation:** Section 14 of the Limitation Act is interpreted to provide relief to litigants

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**Application:** The tribunal applied Section 14 of the Limitation Act, 1963, in a liberal

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## Parties

- **Judges:** M. Venu…
- **Appellants:** M.K. Re…
- **Respondents:** Union Bank of…

## Timeline

- **2022-01-21 — Impugned Ord…**: The Adjudicating Authority (National Company Law Tribunal, Kochi Bench, Kerala) passed…
- **2022-01-25 — Order Uploa…**: The 'impugned order' was uploaded on the website of the 'National Company Law Tribunal,…

## 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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