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TMI Blog2024 (10) TMI 983X X X X Extracts X X X X X X X X Extracts X X X X ..... h stated to be received on 23.07.2024. The Judgment of Hon ble Supreme Court which has relied by appellant itself indicate that the litigant who does not apply for the certified copy cannot then fall back and claim that he was awaiting the grant of the free copy to obviate the bar of limitation - Judgment of the Hon ble Supreme Court in V Nagarajan vs. SKS Ispat and Power Ltd. Ors.[ 2021 (10) TMI 941 - SUPREME COURT (LB) ] has laid down that limitation for filing the appeal commences from the date of order is pronounced and litigant has to be vigilant in applying the certified copy of the order. The mere fact that the appellant received free of cost copy on 23.07.2024 cannot arrest the running of the limitation which began on the date when ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... members of the NCLAT on 01.05.2024. 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. 6. The divergence was, thereafter, referred to a third Member of the NCLAT who has ruled that the free copy provided under Rule 50 of the National Company Law Tribunal Rules 2016 cannot be treated as a certified copy which is referred to in Rule 22 (2) of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n 23.07.2024. 4. The Judgment of Hon ble Supreme Court which has relied by appellant itself indicate that the litigant who does not apply for the certified copy cannot then fall back and claim that he was awaiting the grant of the free copy to obviate the bar of limitation. Judgment of the Hon ble Supreme Court in V Nagarajan vs. SKS Ispat and Power Ltd. Ors. has laid down that limitation for filing the appeal commences from the date of order is pronounced and litigant has to be vigilant in applying the certified copy of the order. In paragraph 33 of the Judgment of the Hon ble Supreme Court in (2022) 2 SCC 244, V Nagarajan vs. SKS Ispat and Power Ltd. Ors. following has laid down: 33. The answer to the two issues set out in Section C of th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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