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Gaurav Agarwal vs Ca Devang P Sampat on 28 September, 2022 cites

V Nagarajan vs Sks Ispat And Power Ltd & Ors on 13 July, 2020

8. The issue as to date from which period of limitation for filing shall commence in reference to an Appeal under Section 61 of the Code has been considered by the Hon'ble Supreme Court in "V. Nagarajan vs. SKS Ispat & Power Ltd. & Ors., (2022) 2 SCC 244". In the case before the Hon'ble Supreme Court, NCLT passed an order on 31.12.2019. The copy of the order was not uploaded until 11-12 March, 2020. Corrected copy of order was uploaded on 20.03.2020. Appellant requested for free copy from the Registry and thereafter filed appeal on 08.06.2020 with the downloaded copy. NCLAT dismissed the Appeal as barred by time which order was I.A. No. 2588 of 2022 in Company Appeal (AT) (Insolvency) No. 916 of 2022 -5- challenged before the Hon'ble Supreme Court. One of the questions formulated by the Hon'ble Supreme Court was when will the clock for calculating the limitation period run for appeals filed under IBC. Para 16.1 contains the question no.1 to the following effect:
National Company Law Appellate Tribunal Cites 10 - Cited by 41 - Full Document

Bhawanishankar Harishchandra Sharma vs Feedback Highways Omt Private Limited ... on 2 September, 2022

13. Learned counsel for the Appellant has placed reliance on the judgment of this Tribunal dated 02.09.2022 in "Bhawanishankar Harishchandra Sharma vs. Feedback Highways OMT Pvt. Ltd., Company Appeal (AT) (Ins) No. 217/218 of 2022". In the above case, this tribunal has allowed the appeal and set aside the order of the Adjudicating Authority. The Adjudicating Authority in the said case has held that the order dated 10.01.2019 was not pronounced by the Bench competent to do so. This Tribunal held that order dated 10.01.2019 was not passed in accordance with law. Appellate Tribunal in Para 16 has held that order dated 10.01.2019 is void ab-initio. Following observations have been made in Para 16 of the judgment:-
National Company Law Appellate Tribunal Cites 24 - Cited by 2 - Full Document

Rajnarainsingh Avadhraj Singh, Shyam ... vs Smt. Vidyadevi Widow Of Ramraj Singh ... on 12 December, 2002

6. The present is a case where the Appellant has applied for the certified copy of the order on 15.06.2022 i.e. after expiry of period of 30 days of limitation for filing an appeal. When application for obtaining certified copy of the order is applied after the period of limitation, Appellant is not entitled for benefit under Section 12(2) of the Limitation Act. Bombay High Court in "Rajanarayan Singh Avadhraj Singh V. Smt Vidhyadevi, 2003 AIHC at page 3742 (Bom)" has held that where an applicant slept for an entire period of limitation for filing an appeal and thereafter filed an application for certified copy of the judgment and decree, the benefit of Section 12(2) cannot be availed.
Bombay High Court Cites 6 - Cited by 3 - R M Khandeparkar - Full Document
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