The period of limitation is to be computed from the date free certified copy of the order passed by the Adjudicating Authority is provided to the party – Mahendra Trading Company & Ors Vs. Hindustan Controls and Equipment Pvt. Ltd. – NCLAT
NCLAT held that Sub-section (1) of Section 61 of the ‘I&B Code’ empowers an aggrieved person to prefer an appeal before the National Company Law Appellate Tribunal against an order passed by the Adjudicating Authority (National Company Law Tribunal). Section 61(2) makes it clear that the appeal has to be preferred within 30 days and the power of condonation is only for 15 days’ delay and not more than that.
In the present case, the question arises as to how the period of 30 days is to be counted.
Section 420 of the Companies Act, 2013 prescribes the manner in which the National Company Law Tribunal (Adjudicating Authority) is to pass order. Sub-section (3) of Section 420 mandates the Tribunal to send a copy of every order to all the parties concerned.
