The National Company Law Appellate Tribunal (NCLAT), New Delhi Bench comprising Justice Ashok Bhushan, Chairperson and Barun Mitra, Technical Member was hearing an Appeal today and held that the Appellant was not entitled to get any benefit of extending the limitation on the basis of the date of issue of free of cost copy.
In the present case, the learned counsel for the Appellant submitted that there was no delay in the Appeal since the Appeal was within the time from the date he received the copy of the order. It was submitted the copy of the order was sent on 22.08.2022 which was received on 27.08.2022 and an Appeal has been filed on 21.09.2022.
The Appellate Authority observed that in view of the judgment of the Hon’ble Supreme Court in V. Nagarajan v. SKS Ispat & Power Ltd. & Ors., REED 2021 SC 10518, the period shall start from the date of passing of the order. The date of passing of the order in the present case was 20.07.2022. The copy of the order which has been annexed with the Appeal was free of cost copy which was issued on 22.08.2022. The Appellant was not entitled to get any benefit of extending the limitation on the basis of free of cost copy issued on 22.08.2022.
The Appellate authority noted that the delay was more than 15 days and the Appellate Tribunal's jurisdiction to condone delay is limited to 15 days only. The Appellate Authority dismissed the Delay Condonation Application. As a result, the Appeal was also rejected.
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