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1 - 7 of 7 (0.20 seconds)The Companies Act, 2013
V Nagarajan vs Sks Ispat And Power Limited on 22 October, 2021
Copious reference was made by the Bench to the earlier
decision in V Nagarajan (supra) and other case laws and it was observed
that the incident which triggers limitation to commence is the date of
pronouncement of the order and in a case of non-pronouncement of the order
when the hearing concludes, the date on which the order is pronounced or
uploaded on the website. It was pointed out that when the judgment is
pronounced in open Court, the period of limitation would start running from
that very day and an appellant would be entitled to seek relief under Section
12(2) of the Limitation Act, 1963, to exclude the period during which a
certified copy was under preparation, if an application was made therefor
within the period of limitation.''
Sanjay Pandurang Kalate vs Vistra Itcl (India) Limited on 5 October, 2023
17. Thus, the issue has now been fully settled by precedents that, for the purpose
of filing Appeal u/s. 61 of IBC, when the Judgment order is pronounced in the Open
Court, the period of limitation would start running from the date when the Judgment
was pronounced and not otherwise. The same was held in categorical terms in
Sanjay Pandurang Kalate v. Vistra ITCL (India) Limited and Ors. The relevant
Para 13 is extracted hereunder:
The Limitation Act, 1963
Section 421 in The Companies Act, 2013 [Entire Act]
Section 421 in The Companies Act, 1956 [Entire Act]
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