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Supreme Court of India 2025-04-04 dismissed

A RAJENDRA vs GONUGUNTA MADHUSUDHAN RAO

Bench: 3 — Abhay S. Oka, Ahsanuddin Amanullah, Augustine George Masih

In Brief

These appeals challenged a National Company Law Appellate Tribunal (NCLAT) order dismissing two appeals filed against NCLT decisions in a corporate insolvency resolution case. The key issue was whether appeals filed beyond the 30-day limitation period under Section 61(2) of the Insolvency and Bankruptcy Code could be condoned. The Supreme Court held that the limitation period commences from the date the order is pronounced, not when a certified copy becomes available. Rule 22(2) of NCLAT Rules mandatorily requires a certified copy to accompany appeals, and the free copy entitlement does not exempt this requirement. The appellant failed to apply for certified copies within the limitation period and provided no sufficient cause for delay. The Court upheld NCLAT's dismissal, holding that procedural compliance cannot be waived to defeat the Code's time-bound framework.

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Insolvency and Bankruptcy Code Limitation Appellate Procedure Corporate Insolvency Resolution NCLAT Rules

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