<?xml version="1.0" encoding="UTF-8"?>
<?xml-stylesheet type="text/xsl" href="https://www.taxtmi.com/rss_sitemap/rss_feed_blog.xsl?v=1750492856"?>
<rss version="2.0" xmlns:atom="http://www.w3.org/2005/Atom">
  <channel>
    <title>2023 (12) TMI 485 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL , PRINCIPAL BENCH , NEW DELHI</title>
    <link>https://www.taxtmi.com/caselaws?id=446801</link>
    <description>The NCLAT dismissed both the delay condonation application and the main appeal. The appellant argued that under the doctrine of merger, limitation should be counted from a subsequent clarification order dated 17th August, 2023, rather than the original order dated 2nd May, 2023. The NCLAT held that since the appeal was filed against the original order and not the subsequent clarification order, the doctrine of merger did not apply. Relying on SC precedent in DSR Steel, the tribunal ruled that the original order must be challenged within the prescribed time limit, and the appeal was filed beyond the 15-day limitation period that the tribunal could condone.</description>
    <language>en-us</language>
    <pubDate>Fri, 08 Dec 2023 00:00:00 +0530</pubDate>
    <lastBuildDate>Mon, 11 Dec 2023 10:59:00 +0530</lastBuildDate>
    <generator>TaxTMI RSS Generator</generator>
    <atom:link href="https://www.taxtmi.com/rss_feed_blog?id=734782" rel="self" type="application/rss+xml"/>
    <item>
      <title>2023 (12) TMI 485 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL , PRINCIPAL BENCH , NEW DELHI</title>
      <link>https://www.taxtmi.com/caselaws?id=446801</link>
      <description>The NCLAT dismissed both the delay condonation application and the main appeal. The appellant argued that under the doctrine of merger, limitation should be counted from a subsequent clarification order dated 17th August, 2023, rather than the original order dated 2nd May, 2023. The NCLAT held that since the appeal was filed against the original order and not the subsequent clarification order, the doctrine of merger did not apply. Relying on SC precedent in DSR Steel, the tribunal ruled that the original order must be challenged within the prescribed time limit, and the appeal was filed beyond the 15-day limitation period that the tribunal could condone.</description>
      <category>Case-Laws</category>
      <law>Insolvency and Bankruptcy</law>
      <pubDate>Fri, 08 Dec 2023 00:00:00 +0530</pubDate>
      <guid isPermaLink="true">https://www.taxtmi.com/caselaws?id=446801</guid>
    </item>
  </channel>
</rss>