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TMI Blog2024 (2) TMI 973X X X X Extracts X X X X X X X X Extracts X X X X ..... ounsel appearing for SRA and Learned Counsel for RP. 2. This Appeal has been filed against the Order dated 23rd November, 2021 passed by National Company Law Tribunal, Principal Bench in IB- 923/PB/2018 by which I.A. No. 4510 of 2021 filed by the Appellant was dismissed. 3. Appellant aggrieved by the said order has filed Civil Appeal No. 4095 of 2023 which Appeal was filed on 24.02.2022 and the same was decided on 26th July, 2023 in which following order was passed: "Civil Appeal No.4095/2023 It appears that inadvertently in the Order dated 20.07.2023 the order to be recorded in the present appeal was recorded in C.A. No.4096/2023 where the learned counsel for the resolution applicant (R-2) had sought time to obtain instructions. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l before the NCLAT within time, the Supreme Court intended that Appeal should be filed within 30 days period. It is submitted that Appeal have been filed within 30 days from 26th July, 2023 which is not barred by time. 7. The submissions of the Appellant have been refuted by Learned Counsel for the Respondent who submits that limitation for filing the Appeal long expired before filing the Appeal on 24.02.2022 before the Hon'ble Supreme Court. It is submitted that the 30 days period expired on 23rd December, 2021 and further period of 15 days also came to an end on 07th January, 2022. It is submitted that liberty granted by the Hon'ble Supreme Court to file the Appeal was within time that is prescribed within Section 61 of the IBC, 2016. Le ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Hon'ble Supreme Court passed on 26th July, 2023, last line of the order mentions "the period from the date of filing of the special leave petitions till today would stand excluded for the purposes of filing of the appeals." Thus what was intended by the Hon'ble Supreme Court is that period during which SLP was pending before the Supreme Court, should be excluded. Hon'ble Supreme Court was not pronouncing on the limitation for filing the present appeal on that date since the Appeal was not even filed and when we read the above line of the Hon'ble Supreme Court it is clear that what was permitted was exclusion of the period during which the said SLP was pending. Even after exclusion of the said period, the present Appeal is filed beyond 15 da ..... X X X X Extracts X X X X X X X X Extracts X X X X
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