State Bank of India VS India Power Corporation Limited CA 53 of 2024
Facts:
1) This Company Appeal was placed 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 I & B Code, 2016.
Issue: Whether certified copy can be considered for filing appeal
Decision: NCLAT concurred with the view of Judicial member.
Rationale:
1) NCLAT held that The extraction of the words from Section 76 as it has been determined by the Learned Member (Technical) contending thereof that the Certified Copy as mentioned in the principal body of Section 76 of Evidence Act, would be inclusive of the Certified Copy, which is given Free of Cost and further opined that such copies so Certified will be called as a Certified Copy which will include within itself, the Free Copy, itself is a misnomer for the reason being that the said portion of Section 76 of the Evidence Act, which has been extracted by the Learned Member (Technical), in fact, it is misplaced, because, the said part cannot be extracted to be read independently and in isolation to the principal provisions of Section 76 of the Evidence Act and the use of word “so’’, would mean and relates to only the Certified Copy in correlation to the principal provisions of Section 76 of Evidence Act and the use of word “so’’ herein, will not mean the Free Copy, as provided under Rule 50 of the NCLT Rules, 2016, because this part of Section 76 of Evidence Act uses the word `such copies’, which would be the copies issued as per Section 76 of Evidence Act.
2) It held that when a ratio or a question of Law, has already been settled in a prior Judgment by a Larger Bench, that will prevail and it ought not to be disturbed or referred to by a Bench of a smaller strength, till the Judgment of the larger strength is prevailing. Similar is the situation prevailing in the instant reference.`
Order`:
