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TMI Blog2024 (1) TMI 1424X X X X Extracts X X X X X X X X Extracts X X X X ..... error correcting the judgment stands corrected and order may be read as part of the main order dated 08.12.2023. Whether limitation for filing the appeal shall commence from 08.12.2023 or it shall commence from 29.04.2024? - HELD THAT:- The judgment relied by learned counsel for the Respondent in Yerramaneni Ramakrishna Ors. Vs. Suraksha Realty Ltd. Ors. [ 2024 (10) TMI 511 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL, PRINCIPAL BENCH, NEW DELHI - LB] do support the submission of the Respondent in the above case where the typographical error in mentioning the date as 13.06.2024 was corrected as 13.05.2024. In the judgment Para 7, the correction allowed by the Court was noticed. This Tribunal in Para 8 noticing the V. Nagarajan s judgment of the Hon ble Supreme Court [ 2021 (10) TMI 941 - SUPREME COURT (LB)] has held that the limitation for filing the appeal shall commence after pronouncement of the order. In the above case it was held that period of limitation in filing the appeal commences from the date when order was pronounced. Relying on the aforesaid precedent, we are of the view that in the present case the limitation for filing the appeal shall commence from 08.12.2023, the dat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ready to be filed. The office of the Learned Advocate was only awaiting the certified copies of the orders which were applied for by a clerk at Chandigarh so engaged by the petitioners. On 24th May, 2024 when, upon constant following up and calling the said clerk, the Learned Advocate got to know from the family member of the Learned clerk who received the call that the said clerk had passed away in the meantime and they were unable to assist with whereabouts of any certified copies, the Learned Advocates not having much time in hand and not left with any other option instructed his office to send the affirmed appeal and the application along with dasti copies to the filing Clerk at Delhi. The courts at Delhi were off for the summer vacations on and from 31st May, 2024 and the filing clerk at Delhi had some important medical issue to be addressed. The petitioner's advocate then got another reference of a clerk who was available to file the said appeal and the same was finally filed on 12th June, 2024. Thus, it was only due to circumstances beyond the control of the petitioner that the instant appeal was filed 14 days beyond the 30 days period." 2. In the Reply filed by the Res ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... correction was allowed on 29.04.2024 where the Adjudicating Authority has noted that judgment was delivered on 08.12.2023, which is also clearly evident from the contents of the order as well as the last page of the order. Thus, the application was allowed and it was noted that the typographical error correcting the judgment stands corrected and order may be read as part of the main order dated 08.12.2023. Order dated 29.04.2024 is as follows: "ORDER IA No. 910/2024 This is an application filed under Rule 11 of NCLT Rules. The applicant has sought the relief of passing an order correcting the year of the judgment. We have heard the submission made by the counsel for the applicant. In the first page of the order of this Adjudicating Authority, the judgment delivered is typed as 08.12.2022 whereas said judgment was delivered on 8.12.2023 which is also clearly evident from the contents of the order as well as the last page of the order, therefore, for all material purposes this Adjudicating Authority hereby confirms that the judgment is delivered on 08.12.2023 not on 08.12.2022. The present application is allowed and the typographical error correcting to the judgment stands co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and we find that the Appellant herein had filed for rectification of Order dated 17.01.2023 on 15.02.2023 which is within 30 days of the said Order. The Order dated 17.01.2023 was partly rectified vide Order dated 21.03.2023 and, excluding the period taken for obtaining the certified copy, the Appeal has been filed within 30 days of the said Order. The Order dated 17.01.2023 has merged with the Order dated 21.03.2023 due to partial rectification." 11. The judgment of this Tribunal in Ashok Tiwari has no application in the facts of the present case. Since present is not a case of modification of the order. The Application filed by the Appellant in the above case for rectification of the order was partly allowed and order was modified and earlier order dated 17.01.2023 was modified, hence, this Tribunal held that earlier order stood merged with the subsequent order dated 21.03.2023. Present is not a case of any modification of the judgment dated 13.05.2024. The order delivered on 13.05.2024 in no manner was modified or changed. What was corrected was only a typographical error in the date of pronouncement which was wrongly mentioned as 13.06.2024 in place of 13.05.2024. The Hon'ble ..... X X X X Extracts X X X X X X X X Extracts X X X X
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