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ABHAY S. OKA, AHSANUDDIN AMANULLAH, AUGUSTINE GEORGE MASIH
A Rajendra – Appellant
Versus
Gonugunta Madhusudhan Rao – Respondent
Key Points: - The statutory period to file an appeal before NCLAT is 30 days, extendable by up to 15 days upon sufficient cause, and not beyond that (IBC Section 61(2) and accompanying discussion) (!) (!) (!) - The period of limitation starts from the date of pronouncement of the order; if the order is pronounced in open court, the period starts that day; if not pronounced, it starts from the date of pronouncement or uploading on the website (IBC Section 61 and related rulings) (!) (!) (!) - The requirement to annex a certified copy with the appeal (Rule 22(2) of NCLAT Rules) is mandatory; failure to obtain/apply for a certified copy can render an appeal clearly barred by limitation (p_16, p_20) - Exemption from filing a certified copy or condonation of delay is not a matter of right; the Appellate Tribunal must be satisfied with sufficient cause, and delay cannot be condoned beyond the 15-day extension (p_6] (!) (!) [p_20) - In the cited judgments, appeals filed beyond the permitted period and without certified copies were dismissed; condonation petitions were rejected (p_11] (!) (!) [p_30) - The court reaffirmed the primacy of IBC provisions over Companies Act in timing for appeals and the necessity of strict adherence to Section 61(2) and related rules (p_17] (!)
JUDGMENT :
AUGUSTINE GEORGE MASIH, J.
1. These appeals have been preferred against the Order dated 18.01.2024 passed by the National Company Law Appellate Tribunal (hereinafter referred to as “NCLAT”) where appeals preferred by the appellant herein stand dismissed as a consequence of dismissal of the applications of condonation of delay on the even date.
2. Two appeals were preferred before the NCLAT against two separate orders passed on 20.07.2023 by the National Company Law Tribunal (hereinafter referred to as “NCLT”) where an application filed by the appellant herein who is the shareholder and suspended Managing Director of Dharti Dredging and Infrastructure Limited (Corporate Debtor) under Section 60(5) read with Section 35(1)(N) of the Insolvency and Bankruptcy Code, 2016 (hereinafter referred to as “IBC”) seeking a direction to the respondent(s) to place the Resolution Plans submitted by him before the Committee of Creditors (CoC) for consideration along with the other Resolution Plan and for staying the voting results on the Resolution Plan which was dismissed and another application preferred by Respondent No. 1, Resolution Professional of the Corporate Debtor (hereinafter ref
(1) Appeal – Period of limitation – Any party which is aggrieved by decision of NCLT can file appeal before NCLAT – Statutory time limit of 30 days within which appeal can be preferred, is extendable....
The NCLAT cannot condone delays beyond the statutory maximum of 45 days under the IBC, emphasizing strict adherence to limitation periods in insolvency processes.
(1) Appeal is a creature of statute – There is a fundamental distinction between right to file a suit and right to file an appeal.(2) Appeal against order passed in miscellaneous application in a liq....
Appeal – Limitation – Though National Company Law Appellate Tribunal is clothed with powers to exempt and to extend time under Rules 14 and 15 of NCLAT Rules respectively, such powers cannot be exerc....
The main legal point established in the judgment is the importance of clarity and consistency in administrative guidance, particularly regarding the computation of limitation for filing an appeal. Th....
Appeal – Limitation stops running on e-filing of appeal before NCLAT and not on presentation of physical copy – Date on which limitation begins to run is intrinsically linked to date of pronouncement....
Limitation for IBC appeal under Section 61 commences from NCLT order's open court pronouncement date in parties' presence, not portal upload; delay beyond 45 days non-condonable regardless of certifi....
The court established that free certified copies and those obtained for a fee are treated equally for appeal purposes under the IBC and relevant rules.
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