Limitation to be counted not from the date of delivery of the certified copy but from the date of preparation of the certified copy: NCLAT
The National Company Law Appellate Tribunal ruled that the limitation to be counted not from the date of delivery of the certified copy but from the date of preparation of the certified copy.
Background
The appeal is directed against the order dated 08.01.2020 by which an application filed under Section 9 of the Insolvency and Bankruptcy Code, 2016 has been dismissed.
Court Observation
The division bench of members Justice Rakesh Kumar Jain and Alok Srivastava found that the Appellant had applied for the certified copy of the order.
The tribunal noted that the copy of the order was taken by the Appellant on 06.04.2021 and then the appeal was filed on 04.08.2021. During the Course of the hearing, the Appellant was asked as to why the appeal was not filed within 30 days from the date of the order dated 08.01.2020.
The bench stated that it cannot be imagined that the factum of dismissal of the application was not within the knowledge of the Appellant who was represented by the Counsel.
“Despite that, the Appellant did not care to apply for the certified copy for over a year and has made a lame excuse that it was to be supplied free of cost” the tribunal said.
The tribunal added that it is well settled that the limitation is to be counted not from the date of delivery of the certified copy but from the date of preparation of the certified copy.
It was held by the tribunal that the certified copy was prepared on 17.02.2021 and if the limitation is to be counted from 17.02.2021 the same had expired much earlier than the date of filing of the appeal on 04.08.2021.
The tribunal while dismissing the appeal held that the appeal filed by the Appellant is without limitation provided under Section 61 of the Code of a period of 30 days.
Case title: Wadhwa Rubber v/s Bandex Packaging Pvt. Ltd.
Citation: Company Appeal (AT) (Ins.) No. 576 OF 2021
