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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 ..... ed for the benefit of the time when he received the free of cost copy from the NCLT. He submits that he received the free of cost copy of the order dated 16.07.2024 on 23.07.2024. Hence, the period from 16.07.2024 to 23.07.2024 be excluded. He has relied on the Judgment of Hon'ble Supreme Court in Civil Appeal No. 10424 of 2024 'State Bank of India vs. India Power Corporation Ltd.' He has relied on paragraph no.4,5, 6 and 19 which are as follows : "4. The appeal before the NCLAT, Chennai was filed on 02.12.2023. 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he position in the decision of this Court in V Nagarajan". 2. In the present case the impugned order passed on 16.07.2024 was pronounced on 16.07.2024 and the petitioner who is operational creditor was present, represented by a Ld. Counsel. Appeal has been e-filed on 02.09.2024, 15 days' limitation for filing the appeal expired on 15.08.2024 and the appeal is filed on the 18th day. The question as to whether the appellant should be given the benefit of time which was taken in receiving the free of cost copy is the question to be answered. 3. Present is the case where it is not the case of the appellant that he even applied for certified copy of the order. He is relying only on the free of cost copy of the order which stated to be received ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ouncement of the order it seeks to assail, in consonance with the requirements of Rule 22(2) of the NCLAT Rules. Section 12(2) of the Limitation Act allows for an exclusion of the time requisite for obtaining a copy of the decree or order appealed against. It is not open to a person aggrieved by an order under the IBC to await the receipt of a free certified copy under Section 420(3) of the Companies Act 2013 read with Rule 50 of the NCLT and prevent limitation from running. Accepting such a construction will upset the timely framework of the IBC. The litigant has to file its appeal within thirty days, which can be extended up to a period of fifteen days, and no more, upon showing sufficient cause. A sleight of interpretation of procedural ..... X X X X Extracts X X X X X X X X Extracts X X X X
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