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2022 (10) TMI 810

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..... ed and shall be in such form, and accompanied by such fees, as may be prescribed. However, a mere running of the eye of the ingredients of Section 61 (2) of the Insolvency Bankruptcy Code, 2016, unerringly exhibits that the said Section is conspicuously silent about the words, a copy of the order is made available to the person aggrieved, etc. Considering the fact that the instant appeal was filed by the Appellant before this Tribunal on 09.09.2022 and this Tribunal bearing in mind that the outer limit of 45 Days (30 + 15) came to an end on 05.09.2022 and admittedly, as such, the instant appeal is clearly barred by time. Appeal dismissed being not maintainable.
[Justice M. Venugopal] Member (Judicial) And [Naresh Salecha] Member (Technic .....

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..... assed by the Adjudicating Authority' (National Company Law Tribunal, Hyderabad Bench-II). In the instant case, 'on hand', the 'Appellant' has preferred the present 'Appeal' on 09.09.2022 before this 'Appellate Tribunal'. The 'Impugned Order' was passed by the 'Adjudicating Authority' (National Company Law Tribunal, Hyderabad Bench-II) in IA No.295/2020 in CP(IB)No.510/9/HDB/2019 on 21.07.2022, the '45 Days' period has ended on 05.09.2022. 5. The 'contention' advanced on behalf of the 'Appellant' is that the 'Certified Copy' of the 'Impugned Order' dated 21.07.2022 in IA No.295/2020 in CP(IB)No.510/9/HDB/2019, passed by the Adjudicating Authority' (National Company Law Tribunal, Hyderabad Bench-II) was not despatched to the 'Appellant' / 'P .....

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..... rt Judgment' (Three Member Bench) between V. Nagarajan Versus SKS Ispat and Power Ltd. & Ors., wherein at 'Paragraph 21', it is observed as under: - "The answer to the two issues set out in Section C of the judgement- (i) when will the clock for calculating the limitation period run for proceedings under the IBC; and (ii) is the annexation of a certified copy mandatory for an appeal to the NCLAT against an order passed under the IBC - must be based on a harmonious interpretation of the applicable legal regime, given that the IBC is a Code in itself and has overriding effect. Sections 61(1) and (2) of the IBC consciously omit the requirement of limitation being computed from when the "order is made available to the aggrieved party", in con .....

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..... ed free certified copy of the Impugned Order on 27th July, 2022, the period of limitation shall not stop running after passing of the order/judgment. Our jurisdiction to condone the delay is only limited to 15 days under Section 61(2) proviso. There being delay of more than 15 days, the Delay Condonation Application cannot be allowed. Application is dismissed. Consequently, the Memo of Appeal is rejected." 11. Considering the fact that the instant Comp. App. (AT)(CH)(Ins) No.370/2022 was filed by the 'Appellant' before this 'Tribunal' on 09.09.2022 and this 'Tribunal' bearing in mind that the 'outer limit' of 45 Days (30 + 15) came to an end on 05.09.2022 and admittedly, as such, the instant Comp. App. (AT)(CH)(Ins) No.370/2022 is clearly .....

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