NDLI: Sanjay Pandurang Kalate Vs. Vistra Itcl (india) Limited and Others

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Insolvency and Bankruptcy Code
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Insolvency and Bankruptcy Code, 2016 (31 of 2016)
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Issue for consideration: Whether appeal instituted before the NCLAT was within limitation. In its impugned order, the NCLAT concluded that the appeal was barred by limitation on the ground that it was instituted beyond the outer limit of 45 days permissible under Section 61 of the Insolvency and Bankruptcy Code 2016. Insolvency and Bankruptcy Code 2016 – s.61 – The appellant filed an interlocutory application before the NCLT alleging inter alia that the reply to the s.7 application on behalf of the Corporate Debtor was filed by respondent no.2 without authorization of the Board of Directors or intimation to the appellant – On 17.05.2023, the NCLT heard the application – The order of the NCLT was not pronounced – The order was uploaded by the Registry of the NCLT on 30.05.2023 though the order carries the date of 17.05.2023 – NCLT dismissed appellant’s application – Appeal against the order was e-filed before the NCLAT – NCLAT dismissed the application as barred by limitation – Propriety:Held: In the instant case, the cause list for 17.05.2023 (NCLT) placed on record by the appellant indicates that the case was listed for admission and not for pronouncement – Further, on a specific query of the Court, it is not in dispute between counsel for the appellant and the respondent, that no substantive order was passed on 17.05.2023 by the NCLT – In these circumstances, limitation would not begin to run on 17.05.2023 which was the date on which hearings concluded – As no order was passed before 30.05.2023, there was no occasion for the appellant to lodge an application for a certified copy on 17.05.2023 – Time for filing an appeal would commence only when the order appealed from was uploaded since prior to that date no order was pronounced – The period of limitation began to run on 30.05.2023 – The 30 day limitation period provided in s.61(2) of the IBC concluded on 29.06.2023 – Though the appeal was filed beyond the period of thirty days, it was within the condonable period of fifteen days – This Court is of the considered view that the appeal should be restored to the NCLAT for reconsidering whether the appellant has shown sufficient cause for condoning the delay beyond thirty days – Therefore, the impugned order of the NCLAT declining to condone the delay is set aside and the proceedings are restored to the file of the NCLAT. [Paras 19 and 21]Limitation – What stops limitation from running, date of E-filing of appeal or physical copy of appeal:Held: It was settled in Sanket Agarwal case that the date of e-filing of the appeal and not filing of the physical copy of the appeal stops the limitation from running. [Para 22]
Judge	Hon'ble Dr. Justice D.Y. Chandrachud
Neutral Citation	2023 INSC 1063
Petitioner	Sanjay Pandurang Kalate
Respondent	Vistra Itcl (india) Limited And Others
SCR	[2023] 15 S.C.R. 313
Judgement Date	2023-12-04
Case Number	7467-7468

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Sanjay Pandurang Kalate Vs. Vistra Itcl (india) Limited and Others

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Sanjay Pandurang Kalate Vs. Vistra Itcl (india) Limited and Others

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