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Delayed filing of appeal - relevant date for calculation of time ...

Insolvency and Bankruptcy

April 29, 2024

Delayed filing of appeal - relevant date for calculation of time limitation - from the date of pronouncement of the Judgment or from the date of uploading of the judgement - The Appellate Tribunal rejected the appeal as it was filed beyond the prescribed period of limitation under section 61 of the Insolvency and Bankruptcy Code, 2016. Despite the appellant's contention regarding the delay, the Tribunal found no justification for the delay beyond the prescribed period. Considering the timeline of events, including the date of pronouncement of judgment, uploading of the impugned order, receipt of Free Copy, and application for a Certified Copy, the Tribunal concluded that the appeal was filed beyond the period of limitation prescribed by law. - The NCLAT rejected the appeal.

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