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For e-filed appeals under Section 61 of the IBC, limitation is computed from the date of e-filing, in line with the NCLAT's 24.12.2022 directions issued under the NCLAT Rules, 2016. The Tribunal rejected reliance on Delhi High Court e-filing rules because no material showed they applied to NCLAT. It applied the Supreme Court's view that a statutory day runs for 24 hours from midnight, so filing after office hours does not shift the filing date to the next working day. An appeal e-filed at 9.00 p.m. on the 45th day was therefore within the condonable period, and the 15-day delay was condoned.
For e-filed appeals under Section 61 of the IBC, limitation is computed from the date of e-filing, in line with the NCLAT's 24.12.2022 directions issued under the NCLAT Rules, 2016. The Tribunal rejected reliance on Delhi High Court e-filing rules because no material showed they applied to NCLAT. It applied the Supreme Court's view that a statutory day runs for 24 hours from midnight, so filing after office hours does not shift the filing date to the next working day. An appeal e-filed at 9.00 p.m. on the 45th day was therefore within the condonable period, and the 15-day delay was condoned.
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