Hon’ble NCLAT held that: (i) Sub-Rule (2) of Rule 22 of the NCLAT Rules, 2016, regarding presentation of Appeal provides that every Appeal shall be accompanied by a Certified Copy of the Impugned Order. NCLAT Rules framed under Section 469 of the Companies Act, 2013 also bind the litigants under the IBC. (ii) The litigant’s efforts to apply for a Certified Copy before filing Appeal cannot be faulted. (iii) It is clear from the provision of Section 12(2) of Limitation Act, 1963 that the period taken in obtaining the copy of the Order appealed against is to be excluded in calculating the limitation period in filing for any legal proceedings. (iv) The issue of exclusion of period spent in obtaining Certified Copy was considered by the Hon’ble Supreme Court in the case of Sanket Kumar Agarwal & Anr. Vs. APG Logistics Pvt. Ltd. (2023) ibclaw.in 72 SC.
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