TMI Blog2022 (10) TMI 1003X X X X Extracts X X X X X X X X Extracts X X X X ..... f the Impugned Order on 27th July, 2022 and thereafter the Appeal was filed within one month - HELD THAT:- In view of the law laid down by the Hon ble Supreme Court in V Nagarajan Vs. SKS Ispat and Power Ltd. [ 2021 (10) TMI 941 - SUPREME COURT ], the limitation for filing the Appeal begins when order was pronounced. The mere fact that Appellant received free certified copy of the Impugned Order ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s been filed against the Order dated 06th July, 2022. This Appeal was e-filed on 30th August, 2022 and Physical Copy of Appeal was filed on 05th September, 2022. There is delay in filing the Appeal. 3. Application for condonation of delay (I.A. No. 3522 of 2022) as well as Additional Affidavit has been filed. 4. Learned Counsel for the Appellant submits that Appellant received a free certifi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ode in itself and has overriding effect. Sections 61(1) and (2) of the IBC consciously omit the requirement of limitation being computed from when the order is made available to the aggrieved party , in contradistinction to Section 421(3) of the Companies Act. Owing to the special nature of the IBC, the aggrieved party is expected to exercise due diligence and apply for a certified copy upon pron ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ective of a legislation that has an impact on the economic health of a nation. 6. In view of the law laid down by the Hon ble Supreme Court, the limitation for filing the Appeal begins when order was pronounced. The mere fact that Appellant received free certified copy of the Impugned Order on 27th July, 2022, the period of limitation shall not stop running after passing of the order/judgment. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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