The limitation stops running on e-filing of an appeal before NCLAT | The date on which the order is pronounced is to be excluded from the calculation of limitation | The time taken by the NCLT to provide the certified copy would be excluded from the calculation of limitation – Sanket Kumar Agarwal & Anr Vs. APG Logistics Pvt. Ltd. – Supreme Court
Hon’ble Supreme Court held that (i) Rule 3 of the NCLAT Rules 2016 stipulates that the date from which the period of limitation has to be reckoned (i.e., the date of the pronouncement of the order) would have to be excluded. Hence, the date on which the order was pronounced by the NCLT would have to be excluded from the computation of limitation. This is in line with Section 12(1) of the Limitation Act 1963. As noted earlier, the provisions of the Limitation Act 1963 are made applicable, inter alia, to appeals before the NCLAT by virtue of Section 238A of the IBC. (ii) Limitation commences once the order was pronounced and the time taken by the court to provide the appellant with a certified copy would be excluded, as clarified in Section 12(2) of the Limitation Act 1963, if the appellant had applied for a certified copy within the prescribed period of limitation under Section 61(2) of the IBC.
