44-Noida-Infratech-Two-Pvt.-Ltd.-V.-Enforcement-Directorate-Kolkata-Zone-Office-Ors
Company Appeal (AT) (Insolvency) No. 877 of 2022
Facts:
1.Appeallant has filed appeal against the Order dated 05th May, 2022 passed by National Company Law Tribunal, Cuttack Bench, Cuttack in I.A. (IB) No. 101/CB/2021 and M.A. (IB) No. 08/CB/2021 in T.P. No. 112/CTB/2019 (CP No. 300/KB/2017). An application (I.A. No. 2431 of 2021) has been filed for ‘Condonation of Delay’ in filing this Appeal
Issue: Whether the computation of limitation for filing the NCLAT appeal has to be considered from the date of knowledge of order by the appellant or from the date of passing of the order by the adjudicating authority?
Arguments:
For Appellant:
1.Counsel for the appellant submitted that the Appeal has been filed within 30 days from the date the Appellant received the copy of the Impugned Order which was sent to the Appellant by the Liquidator. He submits that the limitation should be computed from the date of knowledge of the Order by the Appellant i.e. with effect from 13th June, 2022 and from that date it is within time.
2.Learned Counsel for the Appellant has taken another ground that this Appellate Tribunal was closed for summer vacation with effect from 06.06.2022 and opened on 04th July, 2022 hence the Appeal filed on 04.07.2022 is not barred by time.
For Respondent:
1.Counsel contended that Appeal has been filed beyond 30 days and actually have been filed after about 60 days which is beyond the condonation limit of 15 days as permitted by Section 61 of the Insolvency and Bankruptcy Code 2016
Decision: NCLAT held that limitation period for filling an appeal with NCLAT begins to run from the date of passing of the order by the AA.
Rationale:
1.NCLAT relying on the judgment of the Hon’ble Supreme Court in the matter of “V Nagarajan Vs. SKS Ispat and Power Limited & Ors” while construing period of limitation under Section 61 of the IBC has held that the period of limitation of 30 days for filing the Appeal shall commence from the date when order was pronounced by the Adjudicating Authority and Applicant is entitled to exclude the time which is taken for obtaining certified copy of the Order.
2. Further Hon’ble Supreme Court in “Safire Technologies Pvt. Ltd. Vs. Regional Provident Fund Commissioner & Anr.”, Civil Appeal No. 2212 of 2021 decided on 29.04.2022, the same issue was answered, where the submission that limitation would start from the date of knowledge has been specifically rejected.
Order Copy:
