Ashdan Properties Pvt. Ltd VS Dsk Global Education And Research Pvt. Ltd
Insolvency and Bankruptcy Code (31 of 2016) , S.61— Companies Act (18 of 2013) , S.469— National Company Law Appellate Tribunal Rules (2016) , R.14, R.15, R.22(2)— Appeal before NCLAT – Bar of limitation – Since order was admittedly pronounced in open Court on 23.06.2023, limitation commenced from that very day though order was uploaded on 26.06.2023 – E-filing appeal on 25.07.2023, with neither an application for condonation of delay nor an application seeking exemption from filing a certified copy of the impugned order, rendered the appeal defective – Powers conferred on NCLAT to exempt and to extend time under Rules 14 and 15 of NCLAT Rules , cannot be exercised so as to render Rule 22(2) thereof nugatory – Exemption can only be for a limited period to enable filing of certified copy at least at a later date and within the time stipulated by NCLAT – Admittedly, application seeking permission to file appeal and application for condonation of delay was filed much later and certified copy of impugned order was filed without seeking exemption or extension of time to do so – NCLAT erred in ignoring said crucial aspect which went to the very root of its appellate jurisdiction – Judgment passed by NCLAT was set aside.
(2024) ibclaw.in 452 NCLAT-DistinguishedAIR 2021 SC 5131-Relied on(Paras111213)
