Limitation for SICA appeals starts on issuance of the order copy, not mere knowledge of the decision.

Under section 25 of the Sick Industrial Companies (Special Provisions) Act, 1985, the forty-five-day appeal period begins only when a copy of the Board's order is issued to the aggrieved person. Mere knowledge or awareness of the order does not start limitation where the statutory copy has not been issued in the manner contemplated by section 18(3)(a). On that basis, the appellant could not be barred by limitation solely because it knew of the decision, and the limitation objection failed.

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Issues: Whether an appeal under section 25 of the Sick Industrial Companies (Special Provisions) Act, 1985 is barred by limitation on the basis of the appellant's knowledge of the Board's order, when a copy of the order had not been issued in terms of section 18(3)(a) of the Act.

Analysis: Section 25 makes the period of forty-five days for filing an appeal run from the date on which a copy of the order is issued to the aggrieved person. Section 18(3)(a) contemplates issuance of a copy of the scheme/order in the statutory process. The decisive factor for limitation is therefore issuance of the copy, not mere awareness or knowledge of the order. If no copy is issued, the appellant cannot be non-suited on the ground that he had knowledge of the decision.

Conclusion: The appeal was not time-barred on the basis adopted by the appellate authority, and the limitation objection failed in favour of the petitioner.

Ratio Decidendi: Under section 25 of the Sick Industrial Companies (Special Provisions) Act, 1985, limitation for appeal commences from issuance of the copy of the order, and mere knowledge of the order does not trigger the limitation period in the absence of such issuance.

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