# In the matter of Siddharth Nayar Vs. Sanjeve Bhushan Deora R.P. for Woolways Exports & Anr. CA(AT)(Insolvency) 342-2019

> NCLAT judgment dated 2019-04-08. Citation: TCN-2019-NCLAT-00688. The appeal was preferred by the proprietor of 'Woolways Exports' against the order dated 14th…

- **Court:** NCLAT
- **Order date:** 8 Apr 2019
- **Citation:** TCN-2019-NCLAT-00688
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/siddharth-nayar-vs-sanjeve-bhushan-deora-rp-for-woolways-exports-anr-ca-5fa8a338

## Summary

### Background

The appeal was preferred by the proprietor of 'Woolways Exports' against the order dated 14th November, 2018 passed by the Adjudicating Authority (National Company Law Tribunal), Bench III, New Delhi under Sections 43, 44 and 45 of the ‘Insolvency and Bankruptcy Code, 2016'. The appeal was filed after a delay of 79 days, beyond the permissible condonation period.

## Facts

The proprietor of 'Woolways Exports' filed an appeal against an order dated 14th November, 2018, passed by the Adjudicating Authority (National Company Law Tribunal), Bench III, New Delhi. The appeal was filed with a delay of 79 days beyond the initial 30-day period for filing. Section 61(2) of the Insolvency and Bankruptcy Code stipulates a 30-day filing period, with the Appellate Tribunal empowered to condone a delay of only 15 additional days. The delay of 79 days exceeded this condonable limit.

## Issues and analysis

### Issue 1: Whether the Appellate Tribunal has the power to condone a delay of 79 days in filing the appeal, …

**Ratio:** Section 61(2) of the Insolvency and Bankruptcy Code stipulates a 30-day period for filing

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**Reasoning:** The Appellate Tribunal reasoned that it is not empowered to condone a delay of 79 days,

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**Interpretation:** Section 61(2) is interpreted strictly, limiting the Appellate Tribunal's power

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**Application:** In this case, the delay of 79 days exceeded the condonable limit of 15 days.

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## Parties

- **Judges:** S.J. Mukhop…
- **Appellants:** Siddharth…
- **Respondents:** Woolways E…; Sanjeve Bhushan…

## Timeline

- **2018-11-14 — Order by Adjudicating…**: The Adjudicating Authority (National Company Law Tribunal), Bench III, New Delhi, passed…
- **2019-04-08 — Appeal Dis…**: The Appellate Tribunal dismissed the appeal due to a delay of 79 days in filing,…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 43 — Preferential transactions and relevant time](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-43)

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