Jindal Power Limited vs Dushyant C. Dave Liquidator of Shirpur Power Pvt. Ltd. & Ors. - (NATIONAL COMPANY LAW APPELLATE TRIBUNAL) (11 Apr 2023)

Benefit of period requisite for filing certified copy can be claimed by an Applicant only when certified copy is applied before the expiry of limitation period

MANU/NL/0330/2023

Limitation

Present Application has been filed praying for condonation of delay in filing the Appeal. This Appeal under Section 61 of the Insolvency and Bankruptcy Code, 2016 (IBC) has been filed against the Order passed by the Adjudicating Authority rejecting application filed by the Appellant, the Successful Bidder.

The submission which has been advanced by Learned Counsel for the Appellant is that application for certified copy of the order was filed by the Appellant on 15th September, 2022 which was delivered only on 19th September, 2022 thus the period consumed during obtaining certified copy need to be excluded and by excluding the said period, the Appeal is within time.

The application for certified copy has been filed by the Appellant on 15th September, 2022 that is after expiry of 30 days period from pronouncement of the Order. Section 12 (2) of the Limitation Act, 1963 provides for exclusion of time requisite for obtaining a copy of the decree, sentence or order.

The Hon'ble Supreme Court in V. Nagarajan Vs. SKS Ispat & Power Ltd. has while considering sub-section (2) of Section 12 of the Limitation Act observed that a person wishing to file an appeal is expected to file an application for a certified copy before the expiry of the limitation period, upon which the time requisite for obtaining a copy is to be excluded.

The benefit of period requisite for filing certified copy can be claimed by an Applicant only when certified copy is applied before the expiry of the period of limitation. Even if a litigant makes an application on the last day of limitation for certified copy of the order, he is entitled to reckon the period for obtaining certified copy for purposes of computation of limitation. The present is a case where certified copy was applied by the Applicant after expiry of 30 days of limitation as prescribed in Section 61 of the IBC. When certified copy has been applied after expiry of the period of limitation, the applicant cannot be allowed to take benefit of Section 12(2) of the Limitation Act.

The Appellant thus cannot claim the benefit for the period from 15th September, 2022 to 19th September, 2022 during which certified copy was under preparation. The Appellant being not entitled for benefit of aforesaid period, the Appeal filed by the Appellant was beyond 15 days after the expiry of the period of limitation. The jurisdiction of the Tribunal in Section 61 proviso is limited to condonation of delay of 15 days only. This tribunal has no jurisdiction to condone the delay beyond 15 days. Application dismissed.

Tags : CERTIFIED COPY TIME PERIOD CONDONATION