# In the matter of Kalyan Muppanen vs. K Computers & Ors.

> NCLAT judgment dated 2024-12-18. Citation: TCN-2024-NCLAT-00013. These are two connected company appeals. Company Appeal (AT) (CH) (Ins) No.193/2022…

- **Court:** NCLAT
- **Order date:** 18 Dec 2024
- **Citation:** TCN-2024-NCLAT-00013
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/kalyan-muppanen-vs-k-computers-ors-96b296f0

## Summary

### Background

These are two connected company appeals. Company Appeal (AT) (CH) (Ins) No.193/2022 challenges the Impugned Order of 04.03.2022, rendered in CP (IB) No. 71/9/AMR/2020, which admitted M/s. PI Data Centers Private Limited into CIRP. This appeal is accompanied by a Condone Delay Application, IA No. 441/2022, due to a 45-day delay. The appellant argues that the delay should be condoned under Section 14 of the Limitation Act, citing the pendency of IA No. 30/2022. Company Appeal (AT) (CH) (Ins) No.192/2022 challenges the Impugned order of 28.04.2022, as it has been rendered in IA No. 30/2022 filed by the appellant in CP (IB) No. 71/9/AMR/2020.

## Facts

Kalyan Muppaneni, the Appellant, challenged the Impugned Order of 04.03.2022, which admitted M/s. PI Data Centers Private Limited into CIRP. The appeal was filed with a delay of 45 days, leading to a Condone Delay Application, IA No. 441/2022. The Appellant argued that the delay should be condoned under Section 14 of the Limitation Act, citing the pendency of IA No. 30/2022, which sought a direction for the respondents to file application for withdrawal of the CIRP proceedings under Section 12A of the IBC read with Regulation 30A of the IBBI (Insolvency Resolution Process for Corporate Persons) Regulations, 2016 on account of the discharge of the whole of the claimed outstanding debt to the Operational Creditor by the Applicant and/or, and to permit the withdrawal of

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## Issues and analysis

### Issue 1: Whether the delay in filing the appeal can be condoned under Section 14 of the Limitation Act, …

**Ratio:** Section 14 of the Limitation Act provides for the exclusion of time when a party has been

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**Reasoning:** The court reasoned that Section 14 applies when a party pursues a remedy in a wrong

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**Interpretation:** Section 14 of the Limitation Act is interpreted narrowly to apply only when a

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**Application:** The court applied the ratio to the facts of the case, finding that IA No.

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## Parties

- **Judges:** Sharad Kumar…; Jatindranat…
- **Appellants:** Kalyan Mup…
- **Respondents:** M/s. Pi Data…; M/s. K. Com…

## Timeline

- **2022-03-04 — Impugned…**: Order passed in CP (IB) No. 71/9/AMR/2020…
- **2022-03-15 — IA No. 30/2022…**: IA No. 30/2022 was instituted before…

## 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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