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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 ..... le of Fees in all other cases. Both the certified copy which is made available free of cost as well as the certified copy which is made available on the payment of costs, are treated as certified copies for the purpose of Rule 50. A litigant who does not apply for a certified copy cannot then fall back and claim that he was awaiting the grant of a free copy to obviate the bar of limitation. A Schedule of Fees is prescribed by the NCLT Rules. Entry 31 of the Schedule stipulates that the fee for obtaining true certified copies of final orders passed to parties other than the concerned parties under Rule 50 shall be Rupees five per page. The stipulation of Rupees five per page in Entry 31 excludes the concerned parties under Rule 50 - The prov ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Chennai was filed on 2 December 2023. The appellant filed an application for condonation of delay on the ground that the appeal had been lodged with a delay of 3 days beyond the 30 day period prescribed in Section 61(2). 5 A divergence arose between the two members of the NCLAT on 1 May 2024. The Judicial Member held that the certified copy which was filed by the appellant was a free of cost copy and hence in the absence of an application for the grant of a certified copy, the delay of three days could not be condoned. The Technical Member, on the other hand, held that no distinction could be made between certified copies obtained through the payment of fee and a free copy and sufficient cause was shown for condoning the delay of three days ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in triplicate by the appellant or petitioner or applicant or respondent, as the case may be, in person or by his duly authorised representative duly appointed in this behalf in the prescribed form with stipulated fee at the filing counter and non-compliance of this may constitute a valid ground to refuse to entertain the same. (2) Every appeal shall be accompanied by a certified copy of the impugned order. (3) All documents filed in the Appellate Tribunal shall be accompanied by an index in triplicate containing their details and the amount of fee paid thereon. (4) Sufficient number of copies of the appeal or petition or application shall also be filed for service on the opposite party as prescribed. (5) In the pending matters, all other a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Court. 15 Ms Khattar has submitted that Rule 50 of the NCLT Rules places both the certified copy which is provided free of cost as well as the certified copy which is made available against the payment of costs as indicated in the Schedule of Fees on the same footing. It has been urged that as a matter of fact, the free certified copy was made available on 14 November 2023 and the appeal which was filed on 2 December 2023 was well within the condonable period of 15 days beyond the period of 30 days which is stipulated in Section 61(2). 16 On the other hand, Dr Abhishek Manu Singhvi, senior counsel appearing on behalf of the respondents placed reliance on the decision of the three Judge Bench in V Nagarajan Vs SKS Ispat and Power Limited O ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or petitioner or applicant or respondent, as the case may be, in person or by his duly authorised representative duly appointed in this behalf in the prescribed form with stipulated fee at the filing counter and non-compliance of this may constitute a valid ground to refuse to entertain the same. (2) Every appeal shall be accompanied by a certified copy of the impugned order. (emphasis supplied) Therefore, it cannot be said that the parties can automatically dispense with their obligation to apply for and obtain a certified copy for filing an appeal. Any delay in receipt of a certified copy, once an application has been filed, has been envisaged by the legislature and duly excluded to not cause any prejudice to a litigant's right to ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ost and certified copies may be made available on payment of costs in terms of the Schedule of Fees in all other cases. Both the certified copy which is made available free of cost as well as the certified copy which is made available on the payment of costs, are treated as certified copies for the purpose of Rule 50. A litigant who does not apply for a certified copy cannot then fall back and claim that he was awaiting the grant of a free copy to obviate the bar of limitation. This was the position in the decision of this Court in V Nagarajan. 20 The facts of the present case are completely distinguishable. The free copy was made available on 14 November 2023 after the decision of the NCLT was pronounced on 30 October 2023. The appeal was ..... X X X X Extracts X X X X X X X X Extracts X X X X
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