Cethar Limited

Is the annexation of a certified copy mandatory for an appeal to the NCLAT against an order passed under the IBC – Summary of Supreme Court judgment in V Nagarajan Vs. SKS Ispat and Power Ltd. & Ors.

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Is the annexation of a certified copy mandatory for an appeal to the NCLAT against an order passed under the IBC – Summary of Supreme Court judgment in V Nagarajan Vs. SKS Ispat and Power Ltd. & Ors. Read Post »

When will the clock for calculating the limitation period run for filing appeal under Section 61 of the IBC – V Nagarajan Vs. SKS Ispat and Power Ltd. & Ors. – Supreme Court

Click here for summary: https://ibclaw.in/summary-of-supreme-court-judgment-in-v-nagarajan-vs-sks-ispat-and-power-ltd-ors/

When will the clock for calculating the limitation period run for filing appeal under Section 61 of the IBC – V Nagarajan Vs. SKS Ispat and Power Ltd. & Ors. – Supreme Court Read Post »

Whether amended Liquidation Process Regulation 21A which came info force on 06.01.2020 can be given retrospective effect – Asset Reconstruction Company India Ltd. Vs. Venkatramanrao Nagarajan Liquidator of M/s. Cethar Ltd. – NCLT Chennai Bench

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Whether amended Liquidation Process Regulation 21A which came info force on 06.01.2020 can be given retrospective effect – Asset Reconstruction Company India Ltd. Vs. Venkatramanrao Nagarajan Liquidator of M/s. Cethar Ltd. – NCLT Chennai Bench Read Post »

Since, the Appellant has not submitted any application showing enough reason for not filing the Appeal within time, therefore the question of automatic extension of time limit u/s 61(1) does not arise – Mr V Nagarajan Vs. SKS Ispat and Power Ltd. – NCLAT

NCLAT held that the reason assigned by the Appellant is that the certified and free copy of impugned Order was not issued to him and unsigned Order was uploaded on the website on 12th March 2020. Therefore, 30 days’ time limit was available until 11th April 2020. After that, by the general Order of the Hon’ble, the Supreme Court dated 23rd March 2020 limitation period extended from 15th March 2020 onwards. Therefore, Appellant claims that the Appeal is within time. The Appellant has not filed any Application showing sufficient cause for not filing the Appeal within time. The contention of the Appellant that certified and a free copy of Order was not issued to him is unsupported by any evidence. The Appellant has not filed any Application for Condonation of delay. In contrast, Section 61(1) of the Code provides that the Appellate Tribunal can extend 15 days’ time subject to being satisfied with the sufficient cause for not filing the Appeal within time. Since the Appellant has not submitted any application showing enough reason for not filing the Appeal within time, therefore the question of automatic extension of time limit does not arise.

Since, the Appellant has not submitted any application showing enough reason for not filing the Appeal within time, therefore the question of automatic extension of time limit u/s 61(1) does not arise – Mr V Nagarajan Vs. SKS Ispat and Power Ltd. – NCLAT Read Post »

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