Period of limitation and certified copy for filing of appeal before NCLAT under Section 61 of IBC – Chanderpati Vs. Soni Realtors Pvt. Ltd. – NCLAT New Delhi
In this important judgment, Hon’ble NCLAT referred four judgments on condonation of period of limitation for filing appeal u/s 61 of IBC and summarised the law in the following points:
(i) the period of limitation is to be reckoned from the date of pronouncement of the order in the cases covered by the Code
(ii) It is mandatory to annex the certified copy of the impugned order with the memorandum of appeal
(iii) the Tribunal may exempt the parties from compliance with the procedural requirement in the interest of substantial justice as reiterated in Rule 14
(iv) There is no automatic exemption where the litigants makes no efforts to pursue a timely resolution of their grievance.
(v) The Appellant having failed to apply for a certified copy, rendered the appeal filed before the NCLAT as clearly barred by limitation.
(vi) It is not open to the person aggrieved under the Code to await the receipt of free certified copy under Section 420(3) of the Act r/w Rule 50 and prevent limitation from running
(vii) Litigant has to file the appeal within 30 days which can be extended upto a period of 15 days on showing sufficient cause which cannot be condoned thereafter
(viii) Limitation cease to run from the date of -e-filing
(ix) In order to take advantage of Section 12(2) of the Act 1963, certified copy has to be applied during the currency of the period prescribed for filing an appeal.
