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TMI Blog2024 (10) TMI 883X X X X Extracts X X X X X X X X Extracts X X X X ..... LAT"], reflected in a split verdict on 1 May 2024, the third Member, by a judgment dated 9 July 2024, agreed with the Judicial Member in dismissing the application for condonation of delay. 2 The facts, insofar as they are relevant for the disposal of the Appeal, fall in a narrow compass. 3 The appellant, State Bank of India, instituted an application under Section 7 of the Insolvency and Bankruptcy Code 2016 ["IBC"] against the respondent. The National Company Law Tribunal ["NCLT"] at Hyderabad rejected the petition on the ground of maintainability by an order dated 30 October 2023. 4 The appeal before the NCLAT, Chennai was filed on 2 December 2023. The appellant filed an application for condonation of delay on the ground that the appe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... may allow an appeal to be filed after the expiry of the said period of thirty days if it is satisfied that there was sufficient cause for not filing the appeal but such period shall not exceed fifteen days." 10 Rule 50 of the NCLT Rules provides as follows : "50. Registry to send certified copy.-The Registry shall send a certified copy of final order passed to the parties concerned free of cost and the certified copies may be made available with cost as per Schedule of fees, in all other cases." 11 Rule 22 of the NCLAT Rules is in the following terms : "22. Presentation of appeal.-(1) Every appeal shall be presented in Form NCLAT-1 in triplicate by the appellant or petitioner or applicant or respondent, as the case may be, in person ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that certified copies may be made available against the payment of costs in terms of the Schedule of Fees, in other cases. Rule 50 provides for a certified copy being provided free of cost and that a certified copy may be made available against the payment of costs, as indicated in the Schedule of Fees. The important point to note is that both the certified copy which is provided free of cost as well as the certified copy which is made on an application in that behalf are treated as certified copies for the purposes of Rule 50 14 Ms Surbhi Khattar, counsel has appeared on behalf of the appellant. The Solicitor General, Mr. Tushar Mehta, has also addressed the Court. 15 Ms Khattar has submitted that Rule 50 of the NCLT Rules places both th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 21) 2 SCC 317 : (2021) 2 SCC (Civ) 178] clarifies that the statutory mandate of a free copy is not to enable litigants to take two bites at the apple where they could compute limitation from either when the certified copy is received on the litigant's application or received as a free copy from the Registry- whichever is later. XXX XXX XXX 29. On the question of a certified copy for filing an appeal against an order passed by NCLT under IBC, Rule 22(2) of the NCLAT Rules mandates that an appeal has to be filed with a certified copy of the "impugned order": "22. Presentation of appeal.-(1) Every appeal shall be presented in Form Nclat-1 in triplicate by the appellant or petitioner or applicant or respondent, as the case may be, in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (extracted above) observed that the mandate of a free copy was not to enable litigants to take "two bites at the apple where they could compute limitation from either when the certified copy is received on the litigant's application or received as a free copy from the Registry -whichever is later". This Court, therefore, held that parties could not automatically dispense with their obligation to apply for and obtain a certified copy for filing an appeal. 19 Rule 22(2) of the NCLAT Rules requires that every appeal shall be accompanied by a certified copy of the impugned order. Rule 50 of the NCLT Rules prescribes that the Registry shall send a certified copy of the final order free of cost and certified copies may be made available on paym ..... X X X X Extracts X X X X X X X X Extracts X X X X
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