9911796707
TMI Blog2024 (4) TMI 1065X X X X Extracts X X X X X X X X Extracts X X X X ..... y Code, 2016, whereby he has sought an initiation of CIRP Proceedings, as against the Corporate Debtor / Developer, M/s. RD Buildtech & Developers (Karnataka) Pvt. Ltd. The Operational Creditor and Corporate Debtor, it is alleged to have entered into a Service Agreement on 01.05.2019, for providing certain services, but there had been certain disputes between them with regards to the nature of services provided and the dispute of delayed payment which according to the Appellant initially it was due to be paid i.e., Rs.22,53,949/- being the liability is due to be paid effect from 01.04.2019. Prior to the initiation of proceedings under section 9 on 27.01.2020, FORM 3 was issued by the Appellant in compliance of the provisions contained und ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rred by section 4 of the Insolvency and Bankruptcy Code, 2016. Section 4, as it stood after it's amendment with the effect from 24.03.2020. The pecuniary jurisdiction for initiating the Proceedings under section 9 had been enhanced to Rs.1 Crore, thus the proceeding for initiation for CIRP for an amount of less than 1 Crore would be barred by the amendment dated 24.03.2020, as made under section 4 of the Insolvency and Bankruptcy Regulations. Be that as it may, we are not at this juncture required to dwell it as the said issue regards the initiation of CIRP Proceedings, for the reason being that the Appellant while presenting the Appeal had filed an application bearing IA No.96/2024 by invoking provisions contained under Rule 31 for NCLT Ru ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... opy of the Impugned Order, the Certified Copy under statue has defined under (sub section 9) of section 2 of the NCLT Rules which means that it would be the Certified Copy, as it has been provided under section 76 of the Evidence Act and not otherwise. The issue would be as to whether the Free Copy which has been issued under Rule 50 of the NCLT Rules, cannot be taken as to be the Certified Copy under the Provisions of section 22(2) to enable to file an appeal under section 61. This issue had already decided by this Tribunal in Company Appeal (AT) (CH) (Ins) No.23/2024, Munagala Roja Harsha Vardhini Vs Vardhansmart Private Limited this tribunal, vide its Judgment dated 15.03.2024 has held as under (relevant para extracted):- "32. A mere r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r' was obtained against him and as a 'litigant' / 'stakeholder' he/she is to pursue the 'further course of action', in the manner known to law and in accordance with law". It has not been the case of the Appellant, that the Appeal was accompanied with the Certified Copy as contemplated under Rule 22 of the NCLT Rule and that the Certified Copy would be as provided under sub section 9 of section 2 of the NCLT Rules, which could be taken as to be the basis for the purpose of determining the period of limitation. The limitation to file appeal would be determined only from the date of pronouncement of the Judgment i.e, dated 31.10.2023, uploading of the Impugned on 09.11.2023 it becomes insignificant. It is admitted case of the Appellant that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... days from uploading 08.12.2023 6. 30 days from Receipt Free Copy 13.12.2023 7. Applied Certified Copy 21.03.2024 8. Received Certified Copy 26.03.2024 9. Appeal filed 26.12.2023 10. 45 days ends from Pronouncement 15.12.2024 11. 45 days ends from uploading 08.12.2023 12. 45 days ends from Free Copy 13.12.2024 Hence, as Condone Delay Application carries no justification as to why the Appeal was filed on 26.12.2023 i.e. beyond the prescribed period of limitation under Law. Even, according to the Appellant himself, the appeal has been filed with 12 days delay. The Appeal is barred by limitation, hence the Condone Delay Application i.e. IA No.95/2024 would stand rejected and consequences there to the Compan ..... X X X X Extracts X X X X X X X X Extracts X X X X
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