Hon’ble Supreme Court held that:
(i) The date on which the limitation begins to run is intrinsically linked to the date of pronouncement.
(ii) The pronouncement of the order is necessary and cannot be dispensed with.
(iii) In cases where the matter has been heard on a particular day but the order is pronounced on a later date, the NCLT must refrain from affixing the date of hearing on the order. Such an approach would be a violation of the NCLT Rules, which create a distinction between hearing and pronouncement and do not allow the NCLT to dispense with the requirement of pronouncement.
(iv) The Hon’ble Court appreciates the swift action taken by the NCLAT in view of the above observations. On 15 May 2023, soon after the decision in Sanket Agarwal (supra), an order was issued by the Registrar, NCLAT. Such proactive action by tribunals is essential to ensure that the move towards a modernized and technology-friendly judiciary trickles down to every judicial forum across the country. We record our appreciation of the proactive steps taken by the Chairperson, Members and the Registry of the NCLAT