Limitation Period For Filing Appeal U/S 61 Of IBC Commences From Date Of Order, Not From Date Of Its Receipt: NCLAT

The National Company Law Appellate Tribunal (NCLAT) New Delhi bench of Justice Ashok Bhushan (Judicial Member), Mr. Barun Mitra (Technical Member) and Mr. Arun Baroka (Technical Member) has held that the limitation period for filing an appeal under section 61 of the Insolvency and Bankruptcy Code, 2016 (Code) shall commence from the date of passing of the order and not from the date when a copy of the order is received. Brief Facts: The present application has been filed seeking condonation of delay of 23 days in filing the appeal under section 61 of the Insolvency and Bankruptcy Code, 2016 (Code). The Appellant submitted that the time period for filing the appeal should start from the date when the order was received and not from the date when the order was passed. Observations: The Tribunal, while rejecting the submission of the Appellant, observed that the limitation period for filing the appeal shall commence from the date when the order is passed and not from the date when the copy of order is received. Based on the above, the Tribunal noted that in the present case, the Appellant did even not apply for a certified copy of the order so that the time period in preparing the certified copy of the order could be excluded from the computation of limitation period. The Tribunal concluded that since the present appeal was filed after a delay of 23 days which is beyond condonable period, the delay cannot be condoned as the Appellate Tribunal is empowered to condone the delay of only 15 days under proviso to section 61(1) of the code. Accordingly, the present application was disposed of. Case Title: Assistant Commissioner (Central Goods & Services Tax & Central Excise, Division) Versus Meera Prasad Case Number: Company Appeal (AT) (Ins) No. 1850 of 2024 and I.A. No. 6671, 6777 of 2024' Judgment Date: 19.02.2025 For Appellant : Mr. Aditya Singla and Mr. Ritwik Saha, Advocates. For Respondents : Ms. Swastika Kumari and Mr. Navlendu Kumar, Advocates for R-2. Click Here To Read/Download The Order

Limitation Period For Filing Appeal U/S 61 Of IBC Commences From Date Of Order, Not From Date Of Its Receipt: NCLAT

Mohd Malik Chauhan

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