Vide F.No. 23/4/2022-Estt./NCLAT dated 24.12.2022, this order has been withdrawn and superseded.
NATIONAL COMPANY LAW APPELLATE TRIBUNAL
F.No.10/37/2018-NCLAT
Dated : 21st October, 2022
ORDER
National Company Law Appellate Tribunal Rules, 2016 (NCLAT Rules, 2016), Rule 22 provides for “Presentation of appeal”, which is to be made at the filing counter of the Appellate Tribunal.
As per Rule 103 of the NCLAT Rules, 2016, Appellate Tribunal has also permitted filing of the Appeal or proceedings through electronic mode (e-filing). SOPs have also been issued with regard to e-filing. SOP dated 3rd January, 2021 further provides: –
“It may be noted that it is mandatory that Ld. Advocates/ Authorised Representatives/ Parties-in-Person shall file the Appeal/Interlocutory Application/Reply/ Rejoinder etc. in hard copy also as per the procedure prescribed in NCLAT Rules, 2016 along with the e-filing receipt. The online filing & hard copies must match with proper pagination. The Court Fee shall be paid through Bharat Kosh ( https://bharatkosh.gov.in ) and the payment receipt should be attached.”
The SOPs and directions issued by the Appellate Tribunal do not contain any direction with regard to computation of limitation as to whether limitation is to be computed from the date of e-filing of the Appeals or from the date when Appeals are presented before the Appellate Tribunal as per Rule 22 of the NCLAT Rules, 2016. The Competent Authority has, therefore, decided to issue directions in exercise of power conferred by Rule 104 of the NCLAT Rules, 2016 with regard to computation of limitation for the purposes of filing an Appeal in the Appellate Tribunal.
Hence, with regard to computation of limitation in Appeals, following directions are hereby issued by the Competent Authority: –
(1) The period of limitation shall be computed from the date of presentation of Appeal as per Rule 22 of the NCLAT Rules, 2016.
(2) The requirement of filing Appeals by electronic mode shall continue along with mandatory filing of the Appeals as per Rule 22 of the NCLAT Rules, 2016.
(3) This order will be effective with effect from 1st November, 2022.
All concerned shall ensure that Appeals are presented as per Rule 22 of the NCLAT Rules, 2016 within the period of limitation at the filing counter. By Order of the Hon’ble Chairperson
Sd/-
(Peeush Pandey)
Registrar
Vide F.No. 23/4/2022-Estt./NCLAT dated 24.12.2022, this order has been withdrawn and superseded.
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