# In the matter of Mrs. Jamal AHmad Vs. Reliance Nippon Life Asset Management & Anr. Comp. App. (AT) (Insolvency) No. 799 of 2020

> NCLAT judgment dated 2020-09-18. Citation: TCN-2020-NCLAT-00117. The case involves an appeal that was filed with a delay of 387 days. The appellant sought to…

- **Court:** NCLAT
- **Order date:** 18 Sept 2020
- **Citation:** TCN-2020-NCLAT-00117
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/mrs-jamal-ahmad-vs-reliance-nippon-life-asset-management-anr-comp-app-c6d93d16

## Summary

### Background

The case involves an appeal that was filed with a delay of 387 days. The appellant sought to invoke Rule 11 of the NCLAT Rules to mitigate the hardship caused by the delay, arguing that there was sufficient ground/lawful excuse for the delay exceeding 45 days.

## Facts

The appellant, Mrs. Jamal Ahmad, filed an appeal against Reliance Nippon Life Asset Management & Anr. The appeal was delayed by 387 days. Section 61(2) of the I&B Code prescribes a 30-day period for filing appeals, with a 15-day extension possible for sufficient cause. The appellant argued that Rule 11 of the NCLAT Rules should be invoked to mitigate the hardship caused by the delay. The court found that the delay exceeded the permissible limit and that the inherent powers under Rule 11 could not override the express provisions of the statute.

## Issues and analysis

### Issue 1: Whether the appeal is barred by …

**Ratio:** Section 61(2) of the I&B Code prescribes a period of 30 days for filing an appeal,

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**Reasoning:** The court reasoned that the delay of 387 days far exceeded the permissible period under

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**Interpretation:** Section 61(2) of the I&B Code is interpreted as setting a strict timeline

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**Application:** The ratio and reasoning were applied to the fact that the appeal was delayed by

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## Parties

- **Judges:** Bansi Lal…; Anant Bijay…; +1 more
- **Appellants:** Jamal A…
- **Respondents:** Reliance Nippon…

## Timeline

- **2020-09-18 — Order…**: The appeal is dismissed as hopelessly barred by limitation due to a delay of 387 days.…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 61(2) — Appeals and Appellate Authority](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-61)

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