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

> NCLAT judgment dated 2024-12-18. Citation: TCN-2024-NCLAT-00016. This case involves two connected company appeals before the National Company Law Appellate…

- **Court:** NCLAT
- **Order date:** 18 Dec 2024
- **Citation:** TCN-2024-NCLAT-00016
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/kalyan-muppanen-vs-k-computers-ors-9f0e9ef3

## Summary

### Background

This case involves two connected company appeals before the National Company Law Appellate Tribunal (NCLAT) at Chennai. The appeals challenge an Impugned Order that admitted M/s. PI Data Centers Private Limited into CIRP proceedings. The primary issue revolves around a delay in filing the appeal and the applicability of Section 14 of the Limitation Act, considering the pendency of an interlocutory application (IA No. 30/2022) filed by the Appellant. The Appellant sought to exclude the period during which IA No. 30/2022 was pending, arguing that it should be condoned under Section 14 of the Limitation Act. The appeals are structured on the same foundation, with each appeal having a direct bearing on the other.

## Facts

Kalyan Muppaneni, the Appellant, challenged the Impugned Order dated 04.03.2022, which admitted M/s. PI Data Centers Private Limited into CIRP proceedings based on CP (IB) No. 71/9/AMR/2020. The appeal was filed with a delay of 45 days, leading to a Condone Delay Application (IA No. 441/2022). During the pendency of the company petition, the Appellant filed IA No. 30/2022, seeking a direction for the respondents to file an application for withdrawal of the CIRP proceedings under Section 12A of the IBC, claiming a debt settlement. The Appellant argued that the pendency of IA No. 30/2022 justified the delay in filing the appeal, invoking Section 14 of the Limitation Act. The Appellant presented e-mail communications and certificates from ICICI and State Bank of India to

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## Issues and analysis

### Issue 1: Whether the delay in filing Company Appeal (AT) (CH) (Ins) No.193/2022 can be condoned under …

**Ratio:** Section 14 of the Limitation Act allows for the exclusion of time during which a party

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**Reasoning:** The Tribunal reasoned that IA No. 30/2022 was an interlocutory application filed before

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**Interpretation:** Section 14 of the Limitation Act is intended to protect parties who pursue

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**Application:** The Tribunal found that the Appellant's reliance on Section 14 was misplaced,

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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 admitting M/s. PI Data Centers…
- **2020-01-01 — CP (IB) No. 71/9/AMR/202…**: The Corporate Insolvency…

## 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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