Certified copy requirement for insolvency appeals: free tribunal copy cannot replace the prescribed appeal document.

A free copy of an NCLT final order sent under Rule 50 of the NCLT Rules, 2016 is distinct from a certified copy required under Rule 22(2) of the NCLAT Rules, 2016 for an appeal under Section 61 of the Insolvency and Bankruptcy Code, 2016. A certified copy is understood as one issued on demand and on payment of the prescribed fee, with the expression read in light of the NCLT Rules and Section 76 of the Indian Evidence Act, 1872. The free copy supplied by the registry cannot substitute for that mandatory certified copy, so an appeal is not properly accompanied by the required document on that basis alone.

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Issues: Whether a free copy of an NCLT order supplied under Rule 50 of the NCLT Rules, 2016 can be treated as a certified copy for the purpose of filing an appeal under Section 61 of the Insolvency and Bankruptcy Code, 2016 read with Rule 22(2) of the NCLAT Rules, 2016.

Analysis: The requirement under Rule 22(2) of the NCLAT Rules, 2016 is that every appeal must be accompanied by a certified copy of the impugned order. The expression "certified copy" is not defined in the NCLAT Rules and is therefore understood with reference to the NCLT Rules and Section 76 of the Indian Evidence Act, 1872. A certified copy is a copy issued on demand and on payment of the prescribed legal fee. By contrast, Rule 50 of the NCLT Rules, 2016 imposes a separate obligation on the Registry to send a final order free of cost to the parties concerned, and that free copy is distinct from a certified copy obtained on demand. The reasoning also follows the binding view already expressed by the larger Bench and the Supreme Court principles on binding precedent and judicial discipline.

Conclusion: A free copy under Rule 50 of the NCLT Rules, 2016 is not a substitute for the certified copy required under Rule 22(2) of the NCLAT Rules, 2016, and an appeal under Section 61 of the Insolvency and Bankruptcy Code, 2016 cannot be treated as properly accompanied by a certified copy on the basis of the free copy alone.

Final Conclusion: The reference is answered against treating the free copy as sufficient compliance for filing the appeal, and the position that a certified copy must be obtained in the prescribed manner is affirmed.

Ratio Decidendi: For filing an appeal where the rules require a certified copy, a free copy supplied by the tribunal registry cannot satisfy that requirement unless it is obtained as a certified copy in the manner prescribed by law.

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