The limitation is to be counted not from the date of delivery of the certified copy but from the date of preparation of the certified copy – Wadhwa Rubber Vs. Bandex Packaging Pvt. Ltd. – NCLAT New Delhi
The application filed under Section 9 of the Code by the Appellant was dismissed on 08.01.2020. It cannot be imagined that the factum of dismissal of the application was not within the knowledge of the Appellant who was represented by the Counsel. Despite that, the Appellant did not care to apply for the certified copy for over a year and has made a lame excuse that it was to be supplied free of cost. However, the certified copy appears to have been applied on 10.02.2021 and was prepared on 17.02.2021 but the Appellant spent almost two months even in taking the certified copy from the Tribunal. It is well settled that the limitation is to be counted not from the date of delivery of the certified copy but from the date of preparation of the certified copy. In this case it was prepared on 17.02.2021 and if the limitation is to be counted from 17.02.2021 the same had expired much earlier than the date of filing of the appeal on 04.08.2021.