NCLAT: Delay In Filing Appeal Cannot Be Condoned If Certified Copy Is Not Applied Within The Limitation Period
The National Company Law Appellate Tribunal (NCLAT), New Delhi bench, comprising Justice Yogesh Khanna (Judicial Member) and Mr. Ajai Das Mehrotra (Technical Member) has reiterated that failure to apply for a certified copy of the impugned order within the prescribed limitation period renders the appeal time-barred.Background Facts:The appellant filed an appeal challenging the impugned...
The National Company Law Appellate Tribunal (NCLAT), New Delhi bench, comprising Justice Yogesh Khanna (Judicial Member) and Mr. Ajai Das Mehrotra (Technical Member) has reiterated that failure to apply for a certified copy of the impugned order within the prescribed limitation period renders the appeal time-barred.
Background Facts:
The appellant filed an appeal challenging the impugned order dated 05.01.2024 with a delay of 191 days. The appellant had applied for a free certified copy of the impugned order on 13.06.2024 and received it on 14.06.2024.
Observations:
The Tribunal noted that in the case of Sagufa Ahmed & Ors. v. Upper Assam, Plywood Products Pvt. Ltd. & Ors. [Civil Appeal Nos. 3007-3008 of 2020], the parties had applied for a certified copy/free copy within the limitation period, unlike the present case, where the application was made after the limitation period had lapsed.
The Tribunal referred to the Supreme Court's decision in V. Nagarajan v. SKS Ispat and Power Limited [(2022) 2 SCC 244], where the following was held:
“ A person wishing to file an appeal is expected to file an application for a certified copy before the expiry of the limitation period, upon which the “time requisite” for obtaining a copy is to be excluded. However, the time taken by the court to prepare the decree or order before an application for a copy is made cannot be excluded. If no application for a certified copy has been made, no exclusion can ensue.”
The Tribunal held that in the present case, the limitation for filing the appeal had already expired before applying for the free copy.
The application for condonation of delay was dismissed as it exceeded the condonable period under Section 421 of the Companies Act. Thus, the appeal was also dismissed.
Case Title: Kapil Katyal vs HDFC Securities Ltd. & Ors.
Case Number: Company Appeal (AT) No. 301 of 2024 & I.A. No. 6474 of 2024
Counsel for Appellant: Mr. Rahul Sharma, Mr. Shubham Shekhar, Advocates.
Counsel for Respondents: Mr. Aman Raj Gandhi, Mr. Vardan Bajaj, Mr. Ojasvi Sharma, Advocates for R-3.
Date of Order: 19.09.2024