TMI Blog2023 (10) TMI 1095X X X X Extracts X X X X X X X X Extracts X X X X ..... HELD THAT:- From the Report sent by Deputy Registrar of NCLT, it is clear that the Order was uploaded on 19/04/2023 and that the Appellant had applied for the Certified Copy only on 04/05/2023, which was issued to the Counsel Mr. P. Gowthaman on the very same day. Therefore, even if we take into consideration, 45 days from the date of 19/04/2023, the time lapses on 02/06/2023 and this Appeal has been preferred on 06/06/2023, and is clearly barred by limitation. Further the Hon ble Supreme Court in the matter of National Spot Exchange Limited Vs. Anil Kohli, Resolution Professional for Dunar Foods Limited [ 2021 (9) TMI 1156 - SUPREME COURT] held that as per the proviso to Section 61(2) of the Code, the Appellate Tribunal may allow an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Appellant strenuously argued that any delay in receipt of the Certified Copy cannot cause any prejudice to Litigant s right of Appeal and that as one month s time provided for filing of Appeal ended on 03/06/2023 and the said Appeal was filed on 06/06/2023, there is only a delay of three days which is to be condoned. 2. The Learned Counsel appearing for the Respondent argued that the Order dated 11/04/2023, dismissing IA No. 474/2023 was uploaded as early as 19/04/2023 and drew our attention to the screenshot of the DMS Portal (Annexure R2) and that the submission regarding the Order being uploaded only on 03/05/2023, is erroneous. It is strenuously contended by the Learned Counsel that the expiry of the 30th day from the date of Impugne ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing the limitation period run for proceedings under IBC; and (ii) is the annexation of a certified copy mandatory for an appeal to Nclat against an order passed under IBC must be based on a harmonious interpretation of the applicable legal regime, given that IBC is a Code in itself and has overriding effect. Sections 61(1) and (2) 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 IBC, the aggrieved party is expected to exercise due diligence and apply for a certified copy upon pronouncement of the order it seeks to assail, in consonance with the requirements of Rule 22( ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... llant had applied for the Certified Copy only on 04/05/2023, which was issued to the Counsel Mr. P. Gowthaman on the very same day. Therefore, even if we take into consideration, 45 days from the date of 19/04/2023, the time lapses on 02/06/2023 and this Appeal has been preferred on 06/06/2023, and is clearly barred by limitation. 6. Further the Hon ble Supreme Court in the matter of National Spot Exchange Limited Vs. Anil Kohli, Resolution Professional for Dunar Foods Limited reported in [(2022) 11 SCC 761] reiterated the position of law in the following manner : 8. ..As per Section 61(2) of the IB Code, the appeal was required to be preferred within a period of thirty days. Therefore, the limitation period prescribed to prefer ..... X X X X Extracts X X X X X X X X Extracts X X X X
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