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TMI Blog2024 (4) TMI 1065X X X X Extracts X X X X X X X X Extracts X X X X ..... des for the time period during which appeal could be filed before the Appellate Tribunal i.e. within the 30 days of passing of the Order, the same could be registered only based on the Certified Copy of the Order upon being produced as per Rule 22, as certified copy has be filed of along with the Appeal - 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. 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n, hence the Condone Delay Application i.e. IA No.95/2024 would stand rejected and consequences there to the Company Appeal (AT) (CH) (Ins) No.29/2024, M/s. Whitehand Services Vs M/s. RD Buildtech and Developers (Karnataka) Pvt. Ltd. would too stand rejected. Appeal dismissed. - [ Justice Sharad Kumar Sharma ] Member ( Judicial ) And [ Jatindranath Swain ] Member ( Technical ) For the Appellant : Mr. T. Jayasankar , Advocate ORDER ( Hybrid Mode ) The Appellant herein in this Company Appeal (AT) (CH) (Ins) No.29/2024 is an Operational Creditor, who had filed an Application to proceed under section 9 of the Insolvency and Bankruptcy Code, 2016, whereby he has sought an initiation of CIRP Proceedings, as against the Corporate Debtor / Develo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Law. The matter could not be crystallised hence, the Appellant had filed the instant CP(IB) No.95/BB/2023, being the second company petition, which was preferred after rejection of recall, as it was preferred by the Appellant seeking recall of the order dated 15.04.2021, it was as rendered in CP(IB) No.180/BB/2020, the said Application for recall was rejected by the Learned Adjudicating Authority on 06.10.2022. Consequently, a fresh Petition was filed on 02.03.2023. But the same too has been rejected by the impugned order dated 31.10.2023, on the ground that the claim raised for seeking initiation of CIRP Proceedings, was barred by section 4 of the Insolvency and Bankruptcy Code, 2016. Section 4, as it stood after it s amendment with the e ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the NCLAT Rules, the provision for preferring an Appeal is contemplated, under section 61, which provides for the time period during which appeal could be filed before the Appellate Tribunal i.e. within the 30 days of passing of the Order, the same could be registered only based on the Certified Copy of the Order upon being produced as per Rule 22, as certified copy has be filed of along with the Appeal. The Question that whether the Free Copy which was supplied to the Appellant on 14.11.2023 becomes irrelevant for the reason being that under section 22(2), the Appeal could be preferred before NCLAT based on the Certified Copy of the Impugned Order, the Certified Copy under statue has defined under (sub section 9) of section 2 of the NCLT R ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bunal Rules, 2016 , is to be read in conjunction with definition of Rule 2(9) of the National Company Law Tribunal Rules, 2016. To put it differently, Rule 50 of the National Company Law Tribunal Rules, 2016 cannot be interpreted, disjunctively, without failing back upon the words employed under Rule 2(9) of the National Company Law Tribunal Rules, 2016, which provides for meaning for the word certified , in relation to the Copy of the Document as mentioned therein. 34. Moreover, obtaining of Free of Cost Copy , is only the Concern oif the particular party to the effect that an order 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 l ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e received the knowledge and the Free Copy of the Judgment was received by him on 14.11.2023, the appeal since presented on 26.03.2024, would be barred by limitation. Owing to the aforesaid reason coupled with the following facts as given hereunder, filing of an appeal on 26.12.2023 would be barred by limitation being beyond the period of limitation provided under section 61 of the Insolvency and Bankruptcy Code as: 1. Impugned Judgment 31.10.2023 2. Uploaded on 09.11.2023 3. Received Free Copy 14.11.2023 4. 30 days from Pronouncement 30.11.2023 5. 30 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 en ..... X X X X Extracts X X X X X X X X Extracts X X X X
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