In Brief
The Supreme Court set aside the NCLAT's dismissal of an appeal on limitation grounds. The appellant filed a Section 7 insolvency petition in June 2021 which was dismissed by the NCLT on 26 August 2022. The appellant e-filed an appeal on 10 October 2022 (45 days later), having applied for a certified copy on 2 September 2022 (within the 30-day limit). The NCLAT rejected the appeal as barred by limitation, counting 46 days. The Supreme Court held the appeal was filed within 45 days (the outer limit), correctly excluding the date of order and the 10 days needed to obtain the certified copy. The 5-day excess delay was sufficiently explained and should have been condoned. The Court also emphasized that e-filing, not physical filing, should commence limitation, and urged transition to electronic-only filing by tribunals.
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