Case Law Details
Wadhwa Rubber Vs Bandex Packaging Pvt. Ltd. (NCLAT Delhi)
NCLAT held that It is well settled that the limitation is to be counted not from the date of delivery of the certified copy but from the date of preparation of the certified copy. In this case it was prepared on 17.02.2021 and if the limitation is to be counted from 17.02.2021 the same had expired much earlier than the date of filing of the appeal on 04.08.2021.
FULL TEXT OF THE NCLAT JUDGMENT/ORDER
This appeal is directed against the order dated 08.01.2020 by which an application filed under Section 9 of the Insolvency and Bankruptcy Code, 2016 (in short ‘Code’) has been dismissed.
2. We have found from the record that the Appellant had applied for the certified copy of the order dated 08.01.2020 on 10.02.2021 i.e. almost after a year. The copy of the order was prepared on 17.02.2021. It was taken by the Appellant on 06.04.2021 and then the appeal is filed on 04.08.2021. During the Course of the hearing, the Appellant was asked as to why the appeal was not filed within 30 days from the date of the order dated 08.01.2020. In this regard, he submitted that the copy which is to be given free of cost was not supplied and therefore, the certified copy was applied on 10.02.2021 and when it was delivered, the appeal was filed which is within limitation.
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