# In the matter of Office of the Mining Engineer Vs. Dr. Govindarajula Venkata Narasimha Rao (RP) & anr.IA No.843 in Company Appeal (AT)(CH)(Ins) No. 365/2022 > NCLAT judgment dated 2022-10-14. Citation: TCN-2022-NCLAT-00154. The case involves an appeal filed under Section 61 of the Insolvency and Bankruptcy Code,… - **Court:** NCLAT - **Order date:** 14 Oct 2022 - **Citation:** TCN-2022-NCLAT-00154 - **Category:** IBC - **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/office-of-the-mining-engineer-vs-dr-govindarajula-venkata-narasimha-rao-15407f09 ## Summary ### Background The case involves an appeal filed under Section 61 of the Insolvency and Bankruptcy Code, 2016, arising out of an order dated 16.03.2021 passed by the Adjudicating Authority (National Company Law Tribunal, Hyderabad Bench-I) in IA/70/2021 in CP (IB) No.563/9/HDB/2019. The appellant, Office of the Mining Engineer, filed IA No.843/2022 seeking condonation of delay in filing the appeal. The appellant claimed it was not a party to the proceedings before the Adjudicating Authority, being the Operational Creditor, and became aware of the Resolution Plan only through an email dated 20.05.2021. The appeal was filed with a delay of 122 days, beyond the permissible period. ## Facts The Office of the Mining Engineer, acting as the Applicant/Appellant, filed an appeal against an order dated 16.03.2021 passed by the Adjudicating Authority (National Company Law Tribunal, Hyderabad Bench-I) in IA/70/2021 in CP (IB) No.563/9/HDB/2019. The appeal was filed with a delay of 122 days. The Appellant claimed that it was not a party in the proceedings before the Adjudicating Authority and was an Operational Creditor. The Appellant became aware of the Resolution Plan through an email communication dated 20.05.2021. The Appellant sought condonation of the delay by filing IA No.843/2022. The appeal was required to be filed before 29.05.2022, considering the 90-day period from 01.03.2022. The Appellant referred to a Supreme Court order dated 10.01.2022 regarding … ## Issues and analysis ### Issue 1: Whether the Appellate Tribunal has the power to condone the delay of 122 days in filing the appeal, … **Ratio:** Section 61(2) of the Insolvency & Bankruptcy Code, 2016, provides that an appeal must … **Reasoning:** The Appellate Tribunal reasoned that it is bound by the statutory provision of Section … **Interpretation:** Section 61(2) of the Insolvency & Bankruptcy Code, 2016, is interpreted … **Application:** In this case, the delay of 122 days exceeded the permissible limit of 45 days … ## Parties - **Judges:** M. Venu…; Kanthi Na…; +1 more - **Appellants:** Office of the… - **Respondents:** Govindarajula… - **Advocates:** G. Kalyan J…; Viswaraj Maharshi… ## Timeline - **2021-03-16 — Impugned…**: Order passed by the Adjudicating Authority (National Company Law Tribunal, Hyderabad… - **2021-05-20 — Email Commun…**: Appellant became aware of the Resolution… ## 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) --- This is a preview. The full structured summary, issues, precedents and source judgment are available on CaseEase - Legal Intelligence Simplified: https://caseease.in/cases/ibc/nclat-new-delhi/office-of-the-mining-engineer-vs-dr-govindarajula-venkata-narasimha-rao-15407f09