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2023 Supreme(SC) 934

D. Y. CHANDRACHUD, J B PARDIWALA
Sanket Kumar Agarwal – Appellant
Versus
Apg Logistics Private Limited – Respondent


Advocates Appeared:
Ms. Mayuri Raghuvanshi, Advocate, Mr. Vp Singh, Advocate, Mr. Akshat Singh, Advocate, Ms. Dacchita Shahi, Advocate, Mr. Vyom Raghuvanshi, Advocate and Mr. Bhanu Gupta, Advocate, for the Appellant; Ms. Rashi Bansal, Advocate, for the Respondent.

JUDGMENT

Dr Dhananjaya Y Chandrachud, CJI.

Admit.

2. This appeal arises under Section 62 of the Insolvency and Bankruptcy Code 2016["IBC"] from a judgment dated 9 January 2023 of the National Company Law Appellate Tribunal.["NCLAT" ] The NCLAT dismissed the appeal against the order of the National Company Law Tribunal["NCLT"] on the ground of limitation.

    3. The appellant instituted an application under Section 7 of the IBC in June 2021 seeking the initiation of the Corporate Insolvency Resolution Process against the respondent. The application was dismissed by the NCLT by an order dated 26 August 2022. On 2 September 2022, the appellant filed an application for obtaining a certified copy of the order which was pronounced by the NCLT. The application was received by the Registry of NCLT on 5 September 2022. On 15 September 2022, the order was uploaded on the website of the NCLT and a certified copy was provided to the appellant on the same day. The appellant lodged an appeal before the NCLAT on 10 October 2022 in the e-filing mode along with an Interlocutory Application["IA"] seekin

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