Appeal filed after 58 days of admission plea u/s 9 was barred by limitation, and therefore, was to be rejected: NCLAT

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  • Last Updated on 11 August, 2021

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Limitation Period of Corporate insolvency resolution process

Case details: Gursharan Singh v. State Trading Corporation of India Ltd - [2021] 129 taxmann.com 15 (NCLAT- New Delhi)

Judiciary and Counsel Details

    • A.I.S. Cheema and Anant Bijay Singh, Judicial Member and Kanthi Narahari, Technical Member.
    • Nikhil Nayyar Sr. Adv., Naveen Kr. Chaudhary and Divyanshu Rai, Advs. for the Appellant.
    • Dr. Maurya Vijay Chandra, Ashok Juneja and Ms. Sucheta Gupta, (CS) for the Respondent.

Facts of the Case

Tribunal may allow an appeal to be filed after the expiry of the said period of 30 days if it is satisfied that there was sufficient cause for not filing the appeal in time but such period shall not exceed 15 days.

In the instant case, section 9 application filed by an operational creditor against the corporate debtor which was admitted by impugned ex parte order, dated 8-5-2019 and Interim Resolution Process made all efforts to inform the appellant and also served letter at appellants house, dated 30-5-2019 in the first week of June 2019 and same was received by an adult member of the family. The service of the letter must be said to be complete on the date of delivery of a letter.

NCLAT Held

The argument of the appellant that free copy was not served, was not relevant as IBC does not have provision to serve free copies. Thus, the appellant having taken 58 days to file an appeal was time-barred and had to be rejected.

Case Review

List of Cases Referred to

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