If the order is reserved by the Adjudicating Authority, the Appellant/Respondent cannot be characterised as an ‘aggrieved or affected’ person u/s 61 till the final order is passed- Doshion Pvt. Ltd. vs. Phoenix ARC Pvt. Ltd.- NCLAT
NCLAT held that ordinarily a ‘Right to Appeal’ is a statutory one. It is to be pointed out that although Section 61 (2) of the Code speaks of filing of every Appeal under sub Section 1 of Section 61 within 30 days before the National Company Law Appellate Tribunal, in the considered view of this Tribunal, it does not speak of ‘starting period of Limitation’ for filing of an Appeal. However, Section 61 of the Code can be interpreted in such a manner that an ‘Aggrieved person’ must file an Appeal from the date of ‘pronouncement of the order’. Be that as it may, admittedly, in the instant case in main matter ‘order’ was reserved by the Adjudicating Authority and in as such the Appellant/ Respondent cannot be characterised as an ‘aggrieved or affected’ person because of the fact that no final order is passed till date.
