2023 (10) TMI 897

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.... of 2023, I.A. No. 4876 of 2023 In Comp. App. (AT) No. 133 of 2023 - -<br>Corporate Laws<br>[ Justice Ashok Bhushan ] Chairperson And [ Barun Mitra ] Member ( Technical ) For the Appellant : Ms. Pallavi Parmer , Advocate For the Respondents : Mr. Raunak Dhillon , Ms. Isha Malik , Mr. Nihaad Dewan , Advocates for IL & FS / R1 ORDER Heard Learned Counsel for the parties. 2. The Appellant has filed this Application praying for recall of the order dated 21.08.2023. By our order dated 21.08.2023, Appeals filed by the Appellant were dismissed on the ground of delay in filing the Appeals. 3. Learned Counsel for the Appellant submits that the Appeals were filed under Section 421 of the Companies Act, 2013 and unless the copy of th....

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....s of amount after cut of date i.e. 15.10.2018, which shall be paid by the Respondent No.1 within one months from receipt of the claim. Application is disposed of accordingly." 6. Counsel for the Respondents submits that when the application was filed which was based on the Resolution Plan under which Appellant claims that Appellants were entitled for payment, the said Resolution Plan has been challenged in these Appeals i.e. order dated 02.02.2021, Appellant cannot be allowed to contend that the Appellant was not aware of the order or served the Order. Without the copy of the order being there, filing of the application is incomprehensible. The Application was filed in the year 2022 which was disposed of by this Tribunal on 14.02.2023, a....

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....of a winding up petition under the Companies Act, that the aggrieved party could wait till it received its free copy under Section 420(3) of the Companies Act 2013 read with Rule 50 of the NCLT Rules, and was not obligated to file an application for a certified copy for the purposes of the computation of limitation. Justice V Ramasubramanian held: "12. Therefore, it is true, as contended by the appellants, that the period of limitation of 45 days prescribed in Section 421(3) would start running only from the date on which a copy of the order of the Tribunal is made available to the person aggrieved. It is also true that under Section 420(3) of the Act read with Rule 50, the appellants were entitled to be furnished with a certified ....

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....e an appeal. This period expired on 2-2-2020." Therefore in a field which is not covered by a special law which invests the NCLT with jurisdiction, the general principle for the computation of limitation for filing an appeal against an order of the NCLT is governed by the statutory mandate of Section 420(3) of the Companies Act read with Rule 50 of the NCLT Rules, which enables a party to compute limitation from the date of receipt of the statutorily mandated free certified copy, without having to file its own application. However, the decision of this Court in Sagufa Ahmed (surpa) clarifies that the statutory mandate of a free copy is not to enable litigants to take two bites at the apple where they could compute limitation from e....