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2022 (12) TMI 479 - HC - Insolvency and BankruptcyPeriod of limitation for filing appeal before Tribunal (NCLAT) - Last date being Saturday - Liberal approach - Requirement of physical filing of documents before the NCLAT, for the purpose of computation of limitation - Section 419(5) of the Companies Act, 2013 - HELD THAT - As per Section 61 of the Insolvency and Bankruptcy Code, 2016, (hereinafter IBC ) an appeal against an order passed under Section 419(5) of the Companies Act, 2013 can filed before the NCLAT within a period of thirty days. However, the said thirty-day period can be extended by another 15 days, if there is sufficient cause. Since the matter is pending adjudication before the NCLAT, which is a duly constituted Tribunal under Section 410 of the Companies Act, 2013, this Court does not wish to give any opinion on the factual issue i.e., whether the appeal was within limitation period or not. Suffice it to observe that the prevalent position with regards to e-filing of documents across Courts and Tribunals in the country, encouraging e-filing, which may become the norm in the future, would duly be taken into consideration by the Tribunal. Petition disposed off.
Issues:
1. Quashing of the order requiring physical filing of documents before the NCLAT for computation of limitation. 2. Interpretation of the time period for filing an appeal under Section 61 of the IBC. 3. Effect of the NCLAT order dated 21st October, 2022 on the computation of limitation for filing appeals. 4. Concerns regarding the dismissal of an appeal due to physical filing after the expiration of the limitation period. Issue 1 - Quashing of the order requiring physical filing: The petitioner sought to quash the order mandating physical filing of documents before the NCLAT for limitation computation purposes. The petitioner argued that e-filing was done within the limitation period, but physical filing was completed later. The court refrained from expressing an opinion on the timeliness of the appeal, emphasizing the trend of e-filing in courts and tribunals and leaving the decision to the NCLAT. Issue 2 - Interpretation of the time period for filing an appeal under Section 61 of the IBC: The petitioner filed an appeal challenging an NCLT order under Section 419(5) of the Companies Act, 2013, governed by Section 61 of the IBC. The appeal deadline was 30 days, extendable by 15 days for sufficient cause. The petitioner's concern was the expiration of the 45-day limit on a Saturday, with e-filing on the preceding Friday and physical filing on Monday. The court highlighted the provisions of Section 61 and the importance of timely filing under the IBC. Issue 3 - Effect of the NCLAT order dated 21st October, 2022: The NCLAT issued an order on 21st October, 2022, stating that the date of physical filing would be considered as the filing date. This order impacted the computation of limitation for appeals, directing that the limitation period starts from the date of presentation of the appeal as per Rule 22 of the NCLAT Rules, 2016. The court noted the absence of specific directions on limitation computation in the previous SOPs and observed the importance of adherence to the rules for filing appeals. Issue 4 - Concerns regarding appeal dismissal: The petitioner raised concerns about the potential dismissal of the appeal due to physical filing after the limitation period's expiration. The court refrained from making a determination on the timeliness issue, highlighting the jurisdiction of the NCLAT as the proper forum for adjudication. The court acknowledged the evolving trend towards e-filing in legal proceedings and disposed of the petition, leaving the petitioner's remedies open based on the NCLAT's decision.
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