TaxTMI 
TaxTMI 
2026 (3) TMI 1458
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....ating Authority (NCLT, Mumbai Bench, Court-V) dated 21.04.2025 passed in Restoration Application No. 19 of 2025 in C.P. (IB) No. 925 of 2020, by which application filed by the appellant seeking restoration of the Company Petition came to be dismissed. Facts 2. The broad facts necessary for deciding this Appeal are not in dispute. The appellant had earlier initiated proceedings under Section 9 of the IBC, 2016 against the Respondent, and it was admitted on 26.10.2020. Subsequently, pursuant to a Settlement Agreement between the parties, the Petition came to be withdrawn by an order dated 16.04.2021 with liberty to revive the proceedings in the event of default of settlement terms. Indeed, Clauses 18 and 19 of the Settlement Agreement e....
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....any, is within the condonable limit. It was further urged that the appellant could not have acted upon the impugned order until it was made available on the official website. An Additional Affidavit has been filed on behalf of the appellant placing on record the date of uploading of the Order as 29.04.2025. b) The liberty granted by the Adjudicating Authority vide its order dated 16.04.2021 for reviving the company petition contingent upon the failure of settlement was unconditional and that it was not subject to any rigid time frame. At any rate, the application for restoration was filed in time. The last payment was made on 22.02.2023. This has to be read with the email of the respondent dated 27.06.2023 and the appellant's respo....
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....nd Tata Steel Ltd. v. Raj Kumar Banerjee [(2025) 9 SCC 483] wherein it is held that where a judgment is pronounced in open court, limitation begins from that date itself. b) Even if the period taken for obtaining certified copies is excluded, the appeal is beyond the maximum condonable period. Discussion & Decision 7. There are two issues: (a) a preliminary issue requiring an investigation if the appeal is within limitation; and (b) the issue on the merit of the appeal. Unless the preliminary issue is decided in favour of the appellant, there will be no room for considering the appeal on merit. a) Is the appeal filed within time, or within the condonable period of limitation? Section 61(2) of the Code prescribes a pe....
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.... material placed before us to show that the Order was not pronounced in open court on that date. The additional affidavit filed by the appellant confines itself to the date of uploading and does not assert that the order was not pronounced on 21.04.2025 or that counsel was unaware of its delivery, nor is there any specific denial of pronouncement. On the other hand, the respondent asserted that the order was pronounced in open court, and the said assertion remains undisputed as it has not been denied by the Appellant. Uploading of an order is an administrative act; pronouncement of a judgement/order is a judicial act. The statute attaches consequence to the latter, and not to the former. To hold that limitation commences only upon uploading....