Third Member’s decision on Certified Copy vs. Free Copy: Free Copy provided under NCLT Rule 50 cannot be treated as to be a Certified Copy referred to under NCLAT Rule 22(2) and the Free Copy will not satisfy to be a Certified Copy, as defined under NCLT Rule 2(j), to be read with Section 76 of the Evidence Act – State Bank of India Vs. India Power Corporation Ltd. – NCLAT Chennai

The Company Appeal has been placed before third member of NCLAT in response to a question referred to be answered, because of the dissenting opinion of the Bench of Two Members on an issue, as to how the aspect pertaining to the “Certified Copy’’, could be construed for the purposes of filing of an Appeal, under Section 61 of IBC. Hon’ble Third Member agrees with decision of Member (Judicial) holding that the Free Copy provided under Rule 50 of NCLT Rules, 2016, cannot be treated as to be a Certified Copy referred to under Rule 22(2) of NCLAT Rules, 2016, and the Free Copy will not satisfy to be a Certified Copy, as defined under Section 2(j) of the NCLT Rules, to be read with Section 76 of the Evidence Act.

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