Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 62 Insolvency and Bankruptcy Code 2016 : ss. 61 238A – National Company Law Appellate Tribunal Rules 2016 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Limitation Act, 1963 (36 of 1963) Insolvency and Bankruptcy Code, 2016 (31 of 2016) Companies Act, 2013 (18 of 2013) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Insolvency and Bankruptcy Code 2016 : ss. 61, 62 , 238A – National Company Law Appellate Tribunal Rules 2016 – rr. 3, 22 ,103 , 104 – Limitation Act, 1963 – s. 12(1) – Limitation period for filing appeal u/s. 61(2) against an order of the NCLT – On facts, dismissal of application u/s. 7 by NCLT on 26.08.2022 – Appellant then filed application for obtaining certified copy of the order of NCLT which was uploaded on website and provided to the appellant on 15.09.2022 – e-filing of appeal before NCLAT on 10.10.2022 along with the application for condonation of delay of five days – Physical copy of appeal filed on 31.10.2022 – NCLAT dismissed the appeal on the ground of limitation holding that the appeal was lodged through the e-portal on 10.10.2022, which was the 46th day after the order of the NCLT – On appeal, held: Date of order of pronouncement and the time taken to provide certified copy to be excluded for computing limitation for filing of appeal u/s. 61(2) – Thus, the date on which the order was pronounced by the NCLT, 26.08.2022 would have to be excluded from the computation of limitation – Between 26.08.2022, when the order was pronounced by the NCLT, and 10.10.2022, when the appeal was e-filed, a period of 45 days elapsed after excluding the date on which the order was pronounced – NCLAT erroneously held that the appeal was lodged on the 46th day whereas correctly computed, the appeal was lodged on the 45th day – Appellant exercised due diligence and applied for a certified copy upon pronouncement of the order which was provided on 15.09.2022 – Hence, the period of 10 days between 5.09.2022 and 15.09.2022 taken by the court to provide a certified copy of the order ought to be excluded when determining the period of limitation u/s. 61(2) – Thus, the NCLAT erred in dismissing the appeal on the ground of limitation. Information Technology: e-filing across tribunals – NCLAT making physical filing of appeals mandatory – Held: It is utterly incomprehensible why NCLAT should insist on physical filing in addition to e-filing – This unnecessarily burdens litigants and the Bar and is a disincentive for e-filing – This is duplication of effort, its time consuming and adding to expense – Judiciary has to modernize and adapt to technology – Judges uncomfortable with e-files, need to be trained – Union government to ensure a seamless transition to working in the electronic mode. |
Judge | Hon'ble Dr. Justice D.Y. Chandrachud |
Neutral Citation | 2023 INSC 727 |
Petitioner | Sanket Kumar Agarwal & Anr |
Respondent | Apg Logistics Private Limited |
SCR | [2023] 5 S.C.R. 1160 |
Judgement Date | 2023-05-01 |
Case Number | 748 |
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