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2022 (8) TMI 1321 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL, NEW DELHITime limitation for filing appeal - limitation should be computed from the date of knowledge of the Order or not - HELD THAT:- In so far as the submission of Learned Counsel for the Appellant that the Tribunal was closed from 06.06.2022 and it reopened on 04th July, 2022 hence the Appeal is within time filed on the reopening day, suffice it to say that by notification dated 01st June, 2022 issued by this Tribunal for summer vacation, filing of the Appeal was permitted through both e-filing and physical filing, hence the Tribunal was not closed for filing to give any benefit of summer vacation to the Appellant for computation of limitation. Whether the computation of limitation for filing the Appeal has to be from the date of knowledge of the Appellant as claimed or limitation begins from the date of passing of the order by the Adjudicating Authority? - HELD THAT:- The question which has been raised in the present Appeal is no more res integra. Hon'ble Supreme Court in the matter of V Nagarajan Vs. SKS Ispat and Power Limited & Ors [2021 (10) TMI 941 - SUPREME COURT] 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. In the present case, the Appeal could have been filed within limitation till 06th June, 2022 and this Tribunal could have condoned only 15 days delay. The Appeal having been filed on 04th July, 2022 and delay being beyond 15 days is not condonable. Appeal dismissed.
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