Application For Certified Copy Filed Beyond Limitation, Not Entitled To Exclude Time In Preparation Of Certified Copy : NCLAT
Pallavi Mishra
23 Nov 2023 6:30 AM GMT
The National Company Law Appellate Tribunal (“NCLAT”), Principal Bench, comprising of Justice Ashok Bhushan (Chairperson), Shri Barun Mitra (Technical Member) and Shri Arun Baroka (Technical Member), has held that when the application for obtaining certified copy of an NCLT order is submitted beyond the limitation period for filing of appeal (i.e. 30 days), then the Appellant is...
The National Company Law Appellate Tribunal (“NCLAT”), Principal Bench, comprising of Justice Ashok Bhushan (Chairperson), Shri Barun Mitra (Technical Member) and Shri Arun Baroka (Technical Member), has held that when the application for obtaining certified copy of an NCLT order is submitted beyond the limitation period for filing of appeal (i.e. 30 days), then the Appellant is not entitled to exclude the time consumed in preparation of certified order from the period of limitation for filing of appeal before NCLAT.
“When the application is filed beyond the period of limitation, the Appellant is not entitled to exclude the period during which period certified copy remains under preparation. Thus, the Appellant is not entitled for any exclusion of the period during which copy was under preparation.”
Background Facts
KSM Spinning Mills Ltd. (“Corporate Debtor”) was admitted into Corporate Insolvency Resolution Process (“CIRP”) by the NCLT. The Resolution Professional of the Corporate Debtor filed an appeal before the NCLAT against order dated 03.01.2023 passed by the NCLT. The appeal was e-filed on 01.03.2023 i.e. beyond 45 days from passing of the order.
The Resolution Professional filed an application seeking condonation of delay of 14 days in filing of appeal. It was submitted that the application for availing certified copy of the Order was submitted on 14.02.2023. On 27.02.2023 the Resolution Professional received the certified copy of Order. Therefore, the period between 14.02.2023 and 27.02.2023 is to be excluded for having been consumed in preparation of certified copy. Therefore, the delay was merely of 14 days.
NCLAT Verdict
The Bench noted that the application for certified copy of NCLT order was given on 14.02.2023 i.e. after 30 days from the date of the NCLT Order. It was held that when application for obtaining certified copy of order is submitted beyond limitation (i.e. 30 days), then the Appellant is not entitled to exclude the period consumed in preparation of certified copy from the period of limitation in filing of appeal.
“When the application is filed beyond the period of limitation, the Appellant is not entitled to exclude the period during which period certified copy remains under preparation. Thus, the Appellant is not entitled for any exclusion of the period during which copy was under preparation.”
It was opined that the delay being of more than 15 days after expiry of the limitation and NCLAT’s jurisdiction to condone the delay being limited to only 15 days as per Section 61(2) of IBC, such delay cannot be condoned. The appeal has been dismissed.
Case Title: Nipan Bansal v Employees Provident Fund Organization
Case No.: Company Appeal (AT) (Insolvency) No. 1454 of 2023
