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CS Professional · Insolvency and Bankruptcy - Law and Practice · Insolvency Resolution of Individuals and Partnership Firms

The Debt Recovery Tribunal at Pune passes an order against Meera Kulkarni, an individual debtor, under the IBC on 1 March. She files her appeal before the Debt Recovery Appellate Tribunal on 25 March, which is 24 days later. What is the position?

The appeal is within time. Under section 181(1), an appeal from a Debt Recovery Tribunal order under the Code goes to the Debt Recovery Appellate Tribunal and must be filed within thirty days. Filing on the 24th day needs no condonation of delay.

  1. AThe appeal is time-barred because it must be filed within 15 days
  2. BThe appeal is within time because it must be filed within thirty daysCorrect
  3. CThe appeal lies to the NCLAT, not the DRAT
  4. DThe appeal is valid only if the DRAT condones the delay

Explanation

Section 181(1) requires an appeal from a DRT order under the Code to be filed within thirty days before the DRAT. Day 24 is within that period, so no condonation is needed. The 15-day figure applies only as the extra condonable period under section 181(2).

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