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TMI Blog2023 (10) TMI 450X X X X Extracts X X X X X X X X Extracts X X X X ..... Appeal provides that every Appeal shall be accompanied by a Certified Copy of the Impugned Order. NCLAT Rules framed under Section 469 of the Companies Act, 2013 also bind the litigants under the IBC. The litigant s efforts to apply for a Certified Copy before filing Appeal cannot be faulted. It is clear from the provision of Section 12(2) that the period taken in obtaining the copy of the Order appealed against is to be excluded in calculating the limitation period in filing for any legal proceedings. Excluding the period spent in obtaining Certified Copy of the Impugned Order, the present Appeal has been filed within the period of 30 days. Considering the provisions of Section 12(2) of the Limitation Act, 1963, the delay in filing ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Respondent on this issue. Sub- Rule (2) of Rule 22 of the National Company Law Appellate Tribunal Rules, 2016, regarding presentation of Appeal provides that every Appeal shall be accompanied by a Certified Copy of the Impugned Order. NCLAT Rules framed under Section 469 of the Companies Act, 2013 also bind the litigants under the IBC. The litigant s efforts to apply for a Certified Copy before filing Appeal cannot be faulted. 3. In Part III of Limitation Act, 1963, in Section 12 it is provided as under: 12. Exclusion of time in legal proceedings. (1) In computing the period of limitation for any suit, appeal or application, the day from which such period is to be reckoned, shall be excluded. (2) In computing the p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... copy was provided to the appellant on 15 September 2022. Hence, the period of 10 days between 5 September 2022 and 15 September 2022 taken by the court to provide a certified copy of the order ought to be excluded when determining the period of limitation under Section 61(2) of the IBC. (Emphasis Supplied) 6. Excluding the period spent in obtaining Certified Copy of the Impugned Order, the present Appeal has been filed within the period of 30 days. Considering the provisions of Section 12(2) of the Limitation Act, 1963, and the decision of the Hon ble Supreme Court cited Supra, we condone the delay in filing of the Comp. App. (AT) (Ins.) No.856 857/2023 by allowing benefit of exclusion of period spent in obtaining paid Certifi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... .2015 by the Respondent No. 1, mentioning therein that all other terms and conditions mentioned under the MoU dated 12.07.2014 will remain unchanged and shall be binding upon the parties. 10. Similarly, vide letter dated 09.04.2016, the said MoU was further extended for a period of 12 months. According to the Appellant, Respondent No. 1 was admitted in Corporate Insolvency Resolution Process (`CIRP ) against which they have filed claims earlier on 23/24.01.2019. However, the said CIRP was terminated as the matter was settled. A new CIRP was initiated in C.P. (IB) 271/PB/2017 titled as `SREI Equipment Finance Limited Vs. Wianxx Impex Pvt. Ltd. on 23.08.2019 wherein Gopal Lal Basher (Respondent No. 2) was appointed as the Resolution Pro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 24/03/2023 passed by the Hon ble Tribunal in IA 1596/2023, IA/1597/2023 of IB- 271/PB/2017. b) The Hon ble Appellate Tribunal may be pleased to pass any such further or other order(s) as this Hon ble Appellate Tribunal may deem fit and proper in the facts and circumstances of the case to grant justice to the appellants. 13. Learned Counsel for the Appellants submitted that the Appellant No. 1 due to his various old age medical issues and medical treatment of his wife, the mother of Appellant No. 2 could not approach the Interim Resolution Professional (`IRP ) in time to file their claim. The Appellant was not aware of the CIRP and became aware of the CIRP only on receipt of Notice for appearance before the Investigating Officer ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ith a delay of 1270 days and it was filed after the Resolution Plan was approved by the Committee of Creditors (`CoC ) and was pending for approval of the Adjudicating Authority. 18. In similar facts and circumstances, Hon ble Supreme Court in a recent Judgement in the case of `M/s. RPS Infrastructure Ltd. Vs. `Mukul Kumar Anr. in Civil Appeal No.5590/2021 in its Order dated 11.09.2023 has stated as under: 21. The mere fact that the Adjudicating Authority has yet not approved the plan does not imply that the plan can go back and forth, thereby making the CIRP an endless process. This would result in the reopening of the whole issue, particularly as there may be other similar persons who may jump onto the bandwagon. As described ..... X X X X Extracts X X X X X X X X Extracts X X X X
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