SANKET KUMAR AGARWAL & ANR versus APG LOGISTICS PRIVATE LIMITED

SANKET KUMAR AGARWAL & ANR versus APG LOGISTICS PRIVATE LIMITED

The Supreme Court held that the date of pronouncement (26.08.2022) must be excluded when computing limitation and, where an application for a certified copy is made within the limitation period, the time taken to provide that certified copy (5.9.2022 to 15.9.2022) is to be excluded under Section 12(2) Limitation...

Source-derived case information.

Parties
Appellant: Sanket Kumar Agarwal & Anr; Respondent: APG Logistics Private Limited
Jurisdiction
India
Judgment Date
01 May 2023
Procedural Posture
Appeal Under Section 62 of the Insolvency and Bankruptcy Code 2016 / Judgment
Outcome
Appeal allowed
Legal Topics
Computation of Limitation for Appeals Under Section 61(2) IBC, Exclusion of Time to Obtain Certified Copy Under Limitation Act, E Filing Versus Physical Presentation for Commencement of Limitation, Condonation of Delay, Application of NCLAT Rules 2016
Insolvency and Bankruptcy Limitation Tribunal Procedure Information Technology and E Filing Computation of Limitation for Appeals Under Section 61(2) IBC Exclusion of Time to Obtain Certified Copy Under Limitation Act E Filing Versus Physical Presentation for Commencement of Limitation Condonation of Delay +1 more

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Parties

Sanket Kumar Agarwal & Anr

Appellant

APG Logistics Private Limited

Respondent

Procedural Posture

Appeal Under Section 62 of the Insolvency and Bankruptcy Code 2016 / Judgment

Legal Issues

  1. 1 Whether the period of limitation for filing an appeal under Section 61(2) of the IBC is computed from date of pronouncement, date of e-filing or date of presentation/physical filing
  2. 2 Whether the time taken to obtain a certified copy is to be excluded under the Limitation Act if an application for the certified copy is filed within the limitation period
  3. 3 Whether the NCLAT was correct to dismiss the appeal as barred by limitation where the appeal was e-filed on 10 October 2022 and a certified copy application had been made earlier

Ratio Decidendi

The Supreme Court held that the date of pronouncement (26.08.2022) must be excluded when computing limitation and, where an application for a certified copy is made within the limitation period, the time taken to provide that certified copy (5.9.2022 to 15.9.2022) is to be excluded under Section 12(2) Limitation Act; applying these principles the appeal, e-filed on 10.10.2022, fell within the outer limit of 45 days and the NCLAT erred in dismissing it as barred by limitation; the NCLAT order dated 9.1.2023 was set aside and the appeal restored to its file for disposal on merits.

Court Disposition

Appeal allowed

Orders

  • Appeal allowed
  • Order of the National Company Law Appellate Tribunal dated 9 January 2023 set aside