Shakir Vs Fruitful Buildcon Pvt. Ltd. (NCLAT Delhi)
In the case of Shakir Vs. Fruitful Buildcon Pvt. Ltd. (NCLAT Delhi), the appellant sought to condone an 18-day delay in filing an appeal, arguing that this period should be reduced by the time taken to receive a free copy of the order from the National Company Law Tribunal (NCLT). The appellant contended that the delay should be excluded from July 16 to July 23, 2024, when he received the copy. He cited the Supreme Court’s ruling in State Bank of India vs. India Power Corporation Ltd., where a distinction was made between certified copies obtained for free and those purchased. However, the NCLAT ruled that both types of certified copies are treated equally under the law, and failure to apply for a certified copy does not allow a litigant to use the receipt of a free copy as a reason to extend the limitation period for filing an appeal. The tribunal emphasized that the limitation period begins from the date the order is pronounced, regardless of when a copy is received. As a result, the NCLAT dismissed the petition for condonation of delay, stating that the delay exceeded the permissible limits set by Section 61(2) of the Insolvency and Bankruptcy Code. Thus, the appeal was also dismissed due to the procedural lapse.
