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1 - 10 of 10 (0.19 seconds)Section 420 in The Companies Act, 1956 [Entire Act]
Section 421 in The Companies Act, 1956 [Entire Act]
The Companies Act, 2013
Section 18 in The Land Acquisition Act, 1894 [Entire Act]
V Nagarajan vs Sks Ispat And Power Ltd & Ors on 13 July, 2020
8. The question which has been raised in the present Appeal is no more
res integra. Hon'ble Supreme Court in [(2022) 2 SCC 244] in the matter of "V
Nagarajan Vs. SKS Ispat and Power Limited & Ors" while construing period
of limitation under Section 61 of the IBC has held that the period of limitation
of 30 days for filing the Appeal shall commence from the date when order was
pronounced by the Adjudicating Authority and Applicant is entitled to exclude
the time which is taken for obtaining certified copy of the Order. In paragraph
16.1, following question was framed by the Hon'ble Supreme Court:
The Companies Act, 1956
Raja Harish Chandra Raj Singh vs The Deputy Land Acquisition Officer And ... on 30 March, 1961
"Learned counsel appearing for the respondent stated
that period of limitation would start from the date of
knowledge. Though, the claim was filed by Respondent
No.1 before the Resolution Professional, it was not a
party before the NCLT which passed the order
approving the resolution plan. According to the learned
counsel for 1st Respondent, he came to know about the
Company Appeal (AT) (Insolvency) No. 877/2022
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order passed by the NCLT much later. Support was
sought from a judgment of this Court in Raja Harish
Chandra Raj Singh vs. Dy. Land Acquisition Officer
[1962 (1) SCR 676] for submitting that provisions
relating to limitation have to be given a liberal
construction.
Article 142 in Constitution of India [Constitution]
Safire Technologies Pvt. Ltd vs Regional Provident Fund Commissioner on 29 April, 2022
(supra) as well as in "Safire Technologies Pvt Ltd" (supra) we are unable to
follow the Judgment of this Tribunal in M/s. S. Kumar Construction Co. Vs.
M/s. Bharti Airtel Ltd. We are bound by the declaration of the law by the
Hon'ble Supreme Court in the above two cases.
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