A Certified Copy is mandatory for filing an appeal under Section 61 of the IBC; a Free Copy does not suffice, and failure to apply for a Certified Copy within the limitation period bars the appeal.

(Hybrid Mode) Justice Sharad Kumar Sharma, Member (Judicial):

Answer to the Reference:

1. This Company Appeal has been placed before me in response to a question referred to be answered, because of the dissenting opinion of the Bench of Two Members on an issue, as to how the aspect pertaining to the ``Certified Copy’’, could be construed for the purposes of filing of an Appeal, under Section 61 of I & B Code, 2016.

2. The matter has been accordingly referred to be answered, by the Orders of the Hon’ble Chairperson. It is thus placed before me.

3. The matter was heard today in the presence of the Counsels for both the parties, in consonance to the provisions contained under Section 419 (j) to be read with Section 424 of the Companies Act of 2013.

4. The Company Appeal (AT) (CH) (INS) No. 53 / 2024, State Bank of India V. India Power Corporation Limited, it came up for consideration, before the Two Member Bench of this Tribunal, testing the judicial propriety of the Impugned Order dated 30.10.2023, as it was rendered in CP (IB) No.205/7/ HDB/2021 by the National Company Law Tribunal, Hyderabad Bench, whereby, the proceedings were held under Section 7 of the I & B Code, to be read with Rule 4 of Insolvency and Bankruptcy (Application to the Adjudicating Authority Rules) 2016, which is to be read with Section 60 (2) of the I & B Code, 2016, was decided by the Learned Adjudicating Authority, consequently, the Application as preferred under Section 7 of the Code was rejected, thereby denying the initiation of CIRP proceedings, as against the Corporate Debtor.

5. The Company Appeal, accompanied with it a Condone Delay Application being IA No. 158 / 2024, whereby, the Appellant by invoking the provisions contained under Section 61 of the I & B Code, to be read with Rule 11 of the NCLAT Rules, 2016, sought a condonation of 3 days of delay which has chanced in filing the Appeal for the reason as ascribed in Para Nos. 4, 5 & 6 of the Application.

6. At this stage, when the Application itself was being considered, the question which came up for consideration before this Tribunal was, as to whether for the purposes of filing of an Appeal under Section 61 of the I & B Code, 2016, which provides for preference of an Appeal, as per Rule 22 of the NCLAT Rules which contemplates that the Appeal has to be preferred, along with the Certified Copy of the Judgment under challenge.

7. Rule 22 of the NCLAT Rules, 2016, are extracted hereunder: ``22. Presentation of appeal.- (1) Every appeal shall be presented in Form NCLAT-1 in triplicate by the appellant or petitioner or applicant or respondent, as the case may be, in person or by his duly authorised representative duly appointed in this behalf in the prescribed form with stipulated fee at the filing counter and non-compliance of this may constitute a valid ground to refuse to entertain the same.

(2) Every appeal shall be accompanied by a certified copy of the impugned order.

(3) All documents filed in the Appellate Tribunal shall be accompanied by an index in triplicate containing their details and the amount of fee paid thereon.

(4) Sufficient number of copies of the appeal or petition or application shall also be filed for service on the opposite party as prescribed.

(5) In the pending matters, all other applications shall be presented after serving copies thereof in advance on the opposite side or his advocate or authorised representative.

(6) The processing fee prescribed by the rules, with required number of envelopes of sufficient size and notice forms as prescribed shall be filled along with memorandum of appeal.’’

8. The NCLAT Rules, under Rule 22, deals with the mandatory procedural aspect of presentation of Appeal. The `presentation’ herein would be referred to as the mode and manner in which the Appeal could be filed before the Tribunal, in the format prescribed under the NCLAT Rules, particularly, having reference to sub rule 2 of Rule 22. It provides that every Appeal shall be accompanied w