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TMI Blog2024 (3) TMI 410X X X X Extracts X X X X X X X X Extracts X X X X ..... rder was pronounced in the presence of the Learned Counsel for the Appellant. In view of the law laid down by the Hon ble Supreme Court in V. Nagarajan [ 2021 (10) TMI 941 - SUPREME COURT] , the period for filing the Appeal shall commence from the date when order is pronounced in presence of Learned Counsel for the Appellant, the submission of the Appellant relying on Judgment of Sanjay Pandurang Kalate [ 2023 (12) TMI 1249 - SUPREME COURT] in paragraph 20 is to be considered - Paragraph 20 as quoted were in reference of the facts of the case of Sanjay Pandurang Kalate, where although order was pronounced subsequently but earlier date was put in the order. The present is a case where both the date of hearing and date of pronouncement has be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in V. Nagarajan Vs. SKS Inspat and Power Limited. 4. We have considered the submissions of Learned Counsel for the Appellant and perused the record. 5. The order clearly mentions both the date i.e. date of hearing i.e. 21st September, 2023 and date of pronouncement i.e. 25th September, 2023. Order also indicates that counsel for the operational creditor i.e. Appellant was present and the order was pronounced in the presence of the Learned Counsel for the Appellant. 6. In view of the law laid down by the Hon ble Supreme Court in V. Nagarajan, the period for filing the Appeal shall commence from the date when order is pronounced in presence of Learned Counsel for the Appellant, the submission of the Appellant relying on Judgment of Sanjay Pa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... owever, the NCLAT is directed to dispose of the appeal at the earliest. 7. When we look into the judgment of the Hon ble Supreme Court, in the said case the matter was heard by the Adjudicating Authority but no order was pronounced and it was subsequently uploaded on 30th May, 2023. Both the counsels agreed that no substantive order was passed on 17th May, 2023 which fact has been noticed in paragraph 19 of the above judgment which is as follows; 19. In the present case, the cause list for 17 May 2023 placed on record by the appellant indicates that the case was listed for admission and not for pronouncement. Further, on a specific query of the Court, it is not in dispute between counsel for the appellant and the respondent, that no substan ..... X X X X Extracts X X X X X X X X Extracts X X X X
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