IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NOS. 5935-5936 OF 2024
BHUPENDRA JIVRAJBHAI SURANI ..... APPELLANT(S)
VERSUS
SANIKA ASSETS MANAGEMENT AND INVESTMENTS PVT. LTD.
..... RESPONDENT(S)
O R D E R
The respondent, Sanika Assets Management and Investments Pvt.
Ltd., as per the affidavit of service and the office report, has
been served. However, none has entered appearance on its behalf.
The respondent is, therefore, proceeded against ex parte.
The impugned judgment dated 19.12.2023 passed by the National
Company Law Appellate Tribunal1, New Delhi, dismisses the
application for condonation of delay of 17 days on the ground that
delay only up to a period of 15 days can be condoned under the
proviso to Section 61(2) of the Insolvency and Bankruptcy Code,
2016.
By our order dated 29.04.2024, while issuing notice, it was
recorded that 29.07.2023 was a gazetted holiday and 30.07.2023 was
a Sunday and the appeal was preferred on 31.07.2023. It is also
brought to our notice that the appellant, Bhupendra Jivrajbhai
Surani, had applied for a certified copy of the judgment/order
1 “NCLAT”, for short
1
dated 14.06.2023 on 27.06.2023 and the same was prepared and
delivered on 30.06.2023. Hence, the total period which has to be
excluded for computation of limitation would be 5 days. This being
correct, the period of delay in the filing of the appeal would be
about 12 days, which is...