9911796707
TMI BlogLimitation Period in Insolvency Appeals: A Step Towards Legal Clarity for determination of relevant date and Condonation of delay in filing an appeal.X X X X Extracts X X X X X X X X Extracts X X X X ..... ecently delivered a pivotal judgment addressing the nuances of the limitation period applicable to appeals under the Insolvency and Bankruptcy Code, 2016 (IBC) . This case, originating from an appeal against a National Company Law Appellate Tribunal (NCLAT) decision, underscores the criticality of procedural compliance while emphasizing the principles guiding the calculation of limitation periods ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... der was not pronounced on the day the hearing concluded but was uploaded later, leading to ambiguity over the limitation period's commencement. Pronouncement versus Uploading of Order A significant aspect of the judgment was the distinction made between the 'pronouncement' of an order and its 'uploading' on the tribunal's website. The court delved into the procedural intric ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y rectified the procedural oversight but also reiterated the importance of aligning legal processes with technological advancements. The Court also recommended a reevaluation of the physical filing requirement alongside e-filing, suggesting a more streamlined approach to filing documents in the judicial system. This observation signifies a broader implication for the judicial administration, advoc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d in step with modern practices. The Supreme Court's decision not only resolves the immediate issue at hand but also sets a precedent for future cases involving similar procedural dilemmas. Full Text : 2023 (12) TMI 1249 - Supreme Court - FAQ - Frequently Asked Questions, TMI Short Notes , Experts comment, opinion Tax Management India - taxmanagementindia - taxmanagement - taxmanagementindi ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
