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Issues: Whether the delay in filing the appeal against the insolvency order was liable to be condoned on the basis that the order was uploaded later and a free copy had been received, and whether such free copy could substitute the certified copy required for computing limitation.
Analysis: The appeal under the Insolvency and Bankruptcy Code had to be filed within the period prescribed for appellate challenge, and limitation was held to run from the date of pronouncement of the impugned order. The free copy received from the registry was treated as distinct from a certified copy, and therefore could not replace the certified copy required for filing the appeal. The Tribunal relied on its earlier view that Rule 50 of the National Company Law Tribunal Rules, 2016, read with the definition of certified copy, did not dispense with the requirement of obtaining a certified copy for appeal purposes. On the admitted dates, the appeal was beyond the prescribed period and the explanation for delay was found insufficient.
Conclusion: The delay was not condonable, and the appeal was barred by limitation.
Final Conclusion: The application for condonation of delay failed, and the connected appeal was not entertained on limitation grounds.
Ratio Decidendi: For filing an appeal, limitation runs from the date of pronouncement of the order, and a free copy issued by the registry is not a substitute for the certified copy required to accompany the appeal.