Computation of limitations has to be taken from the date of e-filing of the Appeal under Section 61 of IBC and not from the date of re-filing after curing the defects – Innovators Cleantech Pvt. Ltd. Vs. Pasari Multi Projects Pvt. Ltd. – NCLAT New Delhi
In this important judgment, Hon’ble NCLAT clarifies two issues:
1. Computation of limitations starts from the date of e-filing of the Appeal under Section 61 of IBC or from the date of re-filing after curing the defects?
2. Whether without applying a certified copy of the order, whether an Appeal can be filed under Section 61 of IBC or not?