The National Company Law Appellate Tribunal, Delhi has held that the date of receiving free of cost copy cannot be the
date from which limitation period start. “The mere fact that the appellant received free of cost copy on 23.07.2024 cannot arrest the running of the limitation which began on the date when the Judgment was pronounced,” said NCLAT.
The appellate authority dismissed delay condonation delay on the ground of delay being of 18 days is beyond our jurisdiction as per Section 61(2) proviso of the Insolvency and Bankruptcy Code, 2016.
The tribunal relied on V Nagarajan v. SKS Ispat and Power Ltd. & Ors. has laid down that limitation for filing the appeal commences from the date of order is pronounced and litigant has to be vigilant in applying the certified copy of the order. “The Judgment of Supreme Court which has relied by appellant itself indicate that the litigant who does not apply for the certified copy cannot then fall back and claim that he was awaiting the grant of the free copy to obviate the bar of limitation,” said NCLAT in the order upholding the principle laid down in V Nagarajan case.
On July 16, 2024, The impugned order was passed and pronounced which was appealed on September 2, 2024. The 15-days limitation for filing the appeal expired on August 14, 2024.
The question before the bench was whether the appellant should be given the benefit of time which was taken in receiving the free of cost copy is the question to be answered.
The bench noted that the petitioner didn’t apply for certified copy of the order and relied only on the free of cost copy of the order which stated to be received on 23 July, 2024.
The petitioner contended that the delay is not 18 days since date of limitation shall be from the date on which he received the free of cost copy from the NCLT. Thus, praying for the exclusion of the period from July 15, 2024 to July 23, 2024.
The matter was heard before the bench of Justice Ashok Bhushan (Chairperson), Barun Mitra and Arun Baroka (Technical Members).
