9911796707
TMI Blog2018 (3) TMI 1939X X X X Extracts X X X X X X X X Extracts X X X X ..... he Appellate Tribunal counts the period of limitation from the date on which a copy of the order is made available by the Tribunal in terms of sub-section (3) of Section 421 of the Companies Act, 2013 - the appeal is required to be filed within thirty-days, means within thirty-days from the date of knowledge of the order against which appeal is preferred. In the present case, as Appellant had knowledge of the impugned order as on the date of pronouncement of the said order i.e. 15th March, 2017. It is not the case of the Appellant that its Lawyer has not informed Company Appeal (AT) (Insolvency) No. 223 of 2017 of the order passed by the Adjudicating Authority - application for condonation of delay being not satisfactory, it is fit to be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... first time on 18th August, 2017 i.e. after five months, which was prepared immediately on 21st August, 2017 and handed over to the Appellant. Thereafter, the defective appeal was preferred on 22nd September, 2017. 4. From the record, we find that the Appellant has not explained as to what action the Appellant had taken between 15th March, 2017 and 18th August, 2017 i.e. between the day of judgment and the day the application for certified copy was filed. 5. Learned counsel for the Appellant submitted that the copy of the impugned order was not forwarded to the Appellant. However, it is accepted that the impugned order was passed on 15th March, 2017 in presence of the counsel for the Appellant. 6. It is desirable to refer the relev ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ate Tribunal shall send a copy of every order made by it to the Tribunal and the parties to appeal. 8. As per the said provision, if an appeal is preferred under Section 421 of the Companies Act, 2013, the Appellate Tribunal counts the period of limitation from the date on which a copy of the order is made available by the Tribunal in terms of sub-section (3) of Section 421 of the Companies Act, 2013. 9. However, for preferring appeal under Section 61 of the 'I B Code' against an order passed by the 'Adjudicating Authority' provision for counting the period of limitation is different. The provision is as follows: 61. Appeals and Appellate Authority. ─ (1) Notwithstanding anything to the contrary contained ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ation order passed under section 33 may be filed on grounds of material irregularity or fraud committed in relation to such a liquidation order. As per the aforesaid provision, the appeal is required to be filed within thirty-days, means within thirty-days from the date of knowledge of the order against which appeal is preferred. 10. In the present case, as Appellant had knowledge of the impugned order as on the date of pronouncement of the said order i.e. 15th March, 2017. It is not the case of the Appellant that its Lawyer has not informed Company Appeal (AT) (Insolvency) No. 223 of 2017 of the order passed by the Adjudicating Authority. The ground as taken in the application for condonation of delay being not satisfactory, it is ..... X X X X Extracts X X X X X X X X Extracts X X X X
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