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2024 (5) TMI 899 - SCH - Insolvency and BankruptcyMaintainability of appeal - time limitation - impugned order was passed on 10.06.2022 and the period of 30 days prescribed for filing the appeal had expired on 10.07.2022 and a further period of 15 days had also expired on 25.07.2022 but these appeals have been filed without annexing the certified copy of the impugned order and the certified copies of the impugned order were applied much after the expiry of period of 45 days - it was held by NCLAT that 'the application for condonation of delay is allowed then the appeals shall be deemed to have been filed within the period of limitation and if the application is dismissed then the matter would be over.' HELD THAT - Notice issued to the Insolvency and Bankruptcy Board of India (IBBI), as there appears to be considerable ambiguity concerning service of the orders passed by the National Company Law Tribunal, uploading of orders on the website and also the requirement to obtain a certified copy of the order and enclose the same with the appeal. The IBBI will examine whether the process requires any clarification, modification or simplification. Issue notice and tag with Civil Appeal no. 4404/2024.
Issues Involved: Notice issuance in Civil Appeal no. 4404/2024; Ambiguity in service of orders by NCLT; Role of Insolvency and Bankruptcy Board of India (IBBI).
In the judgment, the Supreme Court, comprising Hon'ble Mr. Justice Sanjiv Khanna and Hon'ble Mr. Justice Dipankar Datta, directed to issue notice in the matter related to Civil Appeal no. 4404/2024 titled "Sanjay Kumar Bansal vs. M/s. Soni Realtors Pvt. Ltd. & Ors." The Court ordered that notice should be served through all modes, including dasti. Furthermore, the Court expressed concerns regarding the ambiguity surrounding the service of orders issued by the National Company Law Tribunal (NCLT), the uploading of orders on the website, and the necessity of obtaining a certified copy of the order for appeal purposes. In light of these concerns, the Court decided to involve the Insolvency and Bankruptcy Board of India (IBBI) to address these issues. The IBBI was tasked with examining whether the existing process required any clarification, modification, or simplification to ensure smoother proceedings in such cases.
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