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Supreme Court of India 2021-10-22 dismissed

V. Nagarajan vs SKS Ispat and Power Ltd. & Ors

Bench: 3 — Dhananjaya Y. Chandrachud

In Brief

This Supreme Court appeal concerns the computation of limitation for appeals under the Insolvency and Bankruptcy Code, 2016. The appellant, a liquidator, filed an appeal to the NCLAT challenging an NCLT order dated 31 December 2019 denying interim relief on bank guarantees. The NCLAT dismissed the appeal as time-barred. The Supreme Court held that the limitation period under Section 61(2) of the IBC runs from the date an order is pronounced, not from when a copy becomes available. An appellant must apply for a certified copy within thirty days; the statutory right to a free copy does not extend the limitation period. The Court rejected reliance on the Companies Act provision regarding "made available" dates, as the IBC's deliberate omission of this language reflects legislative intent to prioritize speed and efficiency. The appeal was dismissed.

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Insolvency and Bankruptcy Law Limitation Appellate Procedure Corporate Insolvency National Company Law Tribunal Civil Procedure

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