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2022 (12) TMI 479 - HC - Insolvency and BankruptcyPeriod of limitation for filing appeal before Tribunal (NCLAT) - Last date being Saturday - Liberal approach - Requirement of physical filing of documents before the NCLAT, for the purpose of computation of limitation - Section 419(5) of the Companies Act, 2013 - HELD THAT:- As per Section 61 of the Insolvency and Bankruptcy Code, 2016, (hereinafter ‘IBC’) an appeal against an order passed under Section 419(5) of the Companies Act, 2013 can filed before the NCLAT within a period of thirty days. However, the said thirty-day period can be extended by another 15 days, if there is sufficient cause. Since the matter is pending adjudication before the NCLAT, which is a duly constituted Tribunal under Section 410 of the Companies Act, 2013, this Court does not wish to give any opinion on the factual issue i.e., whether the appeal was within limitation period or not. Suffice it to observe that the prevalent position with regards to e-filing of documents across Courts and Tribunals in the country, encouraging e-filing, which may become the norm in the future, would duly be taken into consideration by the Tribunal. Petition disposed off.
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