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TMI Blog2022 (12) TMI 479X X X X Extracts X X X X X X X X Extracts X X X X ..... n 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. - W.P.(C) 16676/2022 & CM APPLs. 52547/2022, 52548/2022 - - - Dated:- 5-12-2022 - JUSTICE PRATHIBA M. SINGH Petitioner Through: Ms. Fereshte D. Sethna, Ms. Shivangi Sanghvi, Mr. Mohit Tiwari and Mr. Ashish Mishra, Advocates. (M:991 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... luding those who first heard it. 4. An appeal was filed before the NCLAT challenging the said order. 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. The relevant portion of Section 61 of the IBC is extracted as under: 61. (1) Notwithstanding anything to the contrary contained under the Companies Act 2013, any person aggrieved by the order of the Adjudicating Authority under this part may prefer an appeal to the National Company Law Appellate Tribunal. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to be reckoned shall be excluded, and if the last day expires on a day when the office of the Appellate Tribunal is closed, that day and any succeeding day on which the Appellate Tribunal remains closed shall also be excluded 7. Further, it has been observed that Rule 103 of the National Company Law Appellate Tribunal Rules, 2016 specifically permits electronic filing. The said rule reads as: 103. Filling through electronic media.- The Appellate Tribunal may allow filing of appeal or proceedings through electronic mode such as online filing and provide for rectification of defects by e-mail or internet and in such filing, these rules shall be adopted as nearly as possible on and form a date to be notified separately and th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to be computed from the date of e-filing of the Appeals or from the date when Appeals are presented before the Appellate Tribunal as per Rule 22 of the NCLAT Rules, 2016. The Competent Authority has, therefore, decided to issue directions in exercise of power conferred by Rule 104 of the NCLAT Rules, 2016 with regard to computation of limitation for the purposes of filing an Appeal in the Appellate Tribunal. Hence, with regard to computation of limitation in Appeals, following directions are hereby issued by the Competent Authority: - (1) The period of limitation shall be computed from the date of presentation of Appeal as per Rule 22 of the NCLAT Rules, 2016. (2) The requirement of filing Appeals by electronic mode shall co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ribed by the rules, with required number of envelopes of sufficient size and notice forms as prescribed shall be filled along with memorandum of appeal. 10. The apprehension expressed by the Petitioner is that in view of the above order dated 21st October, 2022 and given that the e-filing was done within limitation, but the physical filing was done on the following Monday, the Appeal may be dismissed. 11. Heard. 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 r ..... X X X X Extracts X X X X X X X X Extracts X X X X
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