9911796707
TMI Blog2023 (10) TMI 1095X X X X Extracts X X X X X X X X Extracts X X X X ..... any Appeal (AT) (CH) (Ins.) No. 293/2023 is filed by the Applicant / Appellant herein seeking condonation of delay of 3 days in preferring the Appeal on the ground that the Impugned Order was passed on 11/04/2023 and the Applicant had tried to apply for the Order copy on the very same date, but was informed by the Registry that the same could be applied after the Order was uploaded. It is submitted by the Learned Counsel for the Applicant / Appellant that the Applicant was checking regularly in the website for the Order Copy, which was uploaded only in the first week of May, 2023, immediately thereafter, the Certified Copies were applied for and made ready by the Registry on 04/04/2023. The Learned Counsel for the Appellant strenuously argu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tipulated period of limitation. The notable difference between Section 421(3) of the Companies Act and Section 61(2) IBC is in the absence of the words "from the date on which a copy of the order of the Tribunal is made available to the person aggrieved" in the latter. The absence of these words cannot be construed as a mere omission which can be supplemented with a right to a free copy under Section 420(3) of the Companies Act read with Rule 50 of the NCLT Rules for the purposes of reckoning limitation. This would ignore the context of IBC's provisions and the purpose of the legislation. ... 33. The answer to the two issues set out in Section C of the judgment-(i) when will the clock for calculating the limitation period run for pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ." 4. Deciding the issue of limitation on the touchstone of 'V. Nagarajan' Judgment (Supra), this Tribunal thought it apposite and vide Order dated, 27/09/2023, had directed the Deputy Registrar, NCLT to furnish the information as to when IA No. 474/2023, the Impugned Order in the instant Company Appeal (AT) (CH) (Ins) No. 293/2023, was uploaded in the website portal of the NCLT and as to when the Appellant had applied for the Certified Copy and the date on which it was made ready and taken delivery of by the Appellant. The Deputy Registrar of NCLT had sent the following Report on 03/10/2023. 5. From the aforenoted Report, it is clear that the Order was uploaded on 19/04/2023 and that the Appellant had applied for the Certified Copy only ..... X X X X Extracts X X X X X X X X Extracts X X X X
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