In the matter of Union of India Through, the Secretary, Department of Telecommunication Vs. Vijaykumar V. Iyer, The Interim Resolution Professional of Aircel Ltd. CA(AT)(Ins) No. 378 of 2020

Heard Learned Counsel for Appellant. Learned Counsel states that very important question is raised as to whether or not licence to run telecom business and spectrum of which right to use has been granted, can be subject to Moratorium in Insolvency proceedings.

2. Unfortunately, this appeal is time barred if provisions of Section 61 of the Insolvency & Bankruptcy Code, 2016 (‘I&B’ Code, for short) are seen. Under the provision, period of appeal is of 30 days and the delay which can be condoned for reasonable cause by this Tribunal is only 15 days. We have seen the IA No. 997/2020 filed by the Appellant. Admittedly, the Impugned Order was passed on 27.11.2019 in Misc. applications in which Union of India was Respondent.

3. Learned Counsel for the Appellant says that free certified copy of the impugned order was received on 20.12.19. This appeal was presented on 20.2.2020. Even giving the longest rope, if we calculate the period from 20.12.19, the appeal is presented consuming 61 days. This being so, the appeal is time barred and for want of jurisdiction, we cannot entertain the appeal.

The appeal is dismissed as time barred. No costs.

[Justice A.I.S. Cheema]

Member (Judicial)

[Justice Anant Bijay Singh]

Member (Judicial)