Case Note & Summary
This judgment arises from a reference made to a single member bench of the National Company Law Appellate Tribunal (NCLAT) at Chennai due to a dissenting opinion among two members regarding the interpretation of 'certified copy' for the purpose of filing an appeal under Section 61 of the Insolvency and Bankruptcy Code, 2016 (IBC). The appeal in question, Company Appeal (AT) (CH) (INS) No. 53 of 2024, was filed by State Bank of India against India Power Corporation Ltd., challenging an order dated 30.10.2023 passed by the National Company Law Tribunal, Special Bench – I, Hyderabad in CP (IB) No. 205/7/HDB/2021. The core legal issue was whether a certified copy of the impugned order is mandatory for filing an appeal under Section 61 of the IBC, and how the limitation period should be computed. The appellant argued that an uncertified copy should suffice for filing, while the respondent contended that a certified copy is essential. The court, after hearing both sides, held that a certified copy is not mandatory for filing an appeal; an uncertified copy can be filed. However, the limitation period of 30 days under Section 61 of the IBC starts from the date of receipt of the certified copy, not from the date of pronouncement of the order. The court relied on the provisions of the NCLAT Rules, 2016, and previous precedents to arrive at this conclusion. The judgment clarifies the procedural requirement for filing appeals under the IBC and ensures that litigants are not penalized for delays in obtaining certified copies.
Headnote
A) Insolvency Law - Appeal - Certified Copy - Section 61, Insolvency and Bankruptcy Code, 2016 - The issue pertains to whether a certified copy of the impugned order is mandatory for filing an appeal under Section 61 of IBC, 2016. The court held that a certified copy is not mandatory for filing an appeal; an uncertified copy can be filed, but the limitation period runs from the date of receipt of the certified copy. (Paras 1-27) B) Limitation - Appeal - Certified Copy - Section 61, Insolvency and Bankruptcy Code, 2016 - The court considered the computation of limitation for filing an appeal under Section 61 of IBC, 2016. It held that the limitation period of 30 days starts from the date of receipt of the certified copy of the impugned order, not from the date of pronouncement. (Paras 1-27)
Issue of Consideration
Whether a certified copy of the impugned order is mandatory for filing an appeal under Section 61 of the Insolvency and Bankruptcy Code, 2016, and how the limitation period is computed in the absence of a certified copy.
Final Decision
The court held that a certified copy is not mandatory for filing an appeal under Section 61 of IBC, 2016; an uncertified copy can be filed. However, the limitation period of 30 days starts from the date of receipt of the certified copy.
Law Points
- Certified copy requirement
- Section 61 IBC
- limitation period
- appeal filing
- NCLAT Rules 2016
