# In the matter of Indian Bank Vs. J. Karthiga (RP) & Anr. CA(AT)(Insolveny)No. 1298 of 2019

> NCLAT judgment dated 2019-11-19. Citation: TCN-2019-NCLAT-00103. The appeal was preferred by Indian Bank against the order of approval of the plan dated 19th…

- **Court:** NCLAT
- **Order date:** 19 Nov 2019
- **Citation:** TCN-2019-NCLAT-00103
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/indian-bank-vs-j-karthiga-9c979586

## Summary

### Background

The appeal was preferred by Indian Bank against the order of approval of the plan dated 19th July 2019. The certified copy of the order dated 19th July 2019 was prepared and handed over on 31st July 2019. The appeal was preferred on 22nd July 2019, after a delay of 82 days.

## Facts

Indian Bank filed an appeal against the order of approval of a plan dated July 19, 2019. The certified copy of the order was prepared and handed over on July 31, 2019. The appeal was filed on July 22, 2019, which was 82 days after the initial order. The key fact is the delay of 82 days in filing the appeal, which is relevant because the appellate tribunal's jurisdiction to condone delays is limited to 15 days.

## Issues and analysis

### Issue 1: Whether the Appellate Tribunal has the jurisdiction to condone the delay beyond 15 days in filing …

**Ratio:** The Appellate Tribunal does not have the jurisdiction to condone the delay beyond 15 days

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**Reasoning:** The tribunal reasoned that it lacks the power to condone the delay beyond the stipulated

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**Interpretation:** The interpretation of Section 61(2) of the 'I&B' Code is that the appellate

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**Application:** Given that the appeal was filed with a delay of 82 days, which exceeds the

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## Parties

- **Judges:** S.J. Mukhop…; Bansi Lal…; +1 more
- **Appellants:** Indian…
- **Respondents:** J. Karthiga (RP)…
- **Advocates:** T. N. Durga…; Rohan N…; +1 more

## Timeline

- **2019-07-19 — Order of Ap…**: Order of approval of the plan…
- **2019-07-31 — Certified Copy…**: Certified copy of the order dated 19th…

## 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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