TMI BlogSupreme Court Clarifies Limitation Period for Appeals before NCLAT under IBC in the Digital Age: E-filing and Limitation PeriodsX X X X Extracts X X X X X X X X Extracts X X X X ..... e court delved into the intricate nuances of limitation periods for filing appeals under the Insolvency and Bankruptcy Code, 2016 (IBC), particularly in the context of electronic filing (e-filing) versus physical filing. This case, marked by the citation 2023 (5) TMI 901, becomes a cornerstone for interpreting procedural timelines under the IBC, reflecting on the technological advancements and the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... omputation of the limitation period for filing an appeal against the NCLT s order under the IBC. Particularly, the point of contention was whether the period should commence from the date of the order's e-filing or the physical filing. Application of Limitation Act, 1963 : The applicability of the Limitation Act, 1963 , to proceedings under the IBC and its interpretation in the context of e-fi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rtified copies of the order from the calculation of the limitation period, aligning with Section 12 of the Limitation Act, 1963 . This provides a safeguard for appellants, ensuring that administrative delays do not prejudice their right to appeal. Judicial Precedents and Statutory Provisions : Through its analysis, the court reaffirmed the significance of judicial precedents and statutory provisio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ements, the court has paved the way for a more efficient and accessible judicial process. This case underscores the importance of evolving legal frameworks to meet contemporary needs, marking a significant step towards the integration of technology in legal procedures. The judgment not only provides clarity on the computation of limitation periods under the IBC but also sets a precedent for the ad ..... X X X X Extracts X X X X X X X X Extracts X X X X
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