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Can appeal be filed at NCLAT after the expiry of 3 months limitation
31-Jul-2023 (In Corporate Law)
I want to file an appeal before the NCLAT under the Insolvency Act. The NCLT Delhi passed the order in February 2018 but I received the certified copy of the order in May 2018 after which the court was closed for summer vacation. Can I still file the appeal considering the limitation period of 3 months for filing the appeal has technically expired?
As per the supreme court- more than (45+45)days delay cannot be condoned.
Still we can try to get extension. Since your case have slim chances as there seems to be a sufficient cause of delay.
Regards
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Adv. Amit Nagar
Delhi | 25+ Answers
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Hi There,
Yes Appeal can be filed now as limitation starts from the date of receiving the certified copy.
Secondly, file a condonation of delay application by mentioning all the points such as summer vacations and/or other genuine and valid reasons by explaining everything on a day to day basis.
Should you need further assistance/help, feel free to contact.
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Adv. Rakesh Sharma
Delhi | 25+ Answers
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Dear Mr. Company,
Your brief is incorrect on many counts. Firstly, under IBC, an appeal to NCLAT is to be filed within 30 days and a grace period of 15 days is given. Thus, 45 days in all. I do not understand from where you discovered 3 months!
Secondly, if certified copy is not available, an appeal can still be filed with an application for exemption from filing certified copy.
Thirdly, NCLAT was closed in June, 2018, but not in July, 2018!!! We are presently in August, 2018.
Conclusion is that you are remedy less for your fault in not taking action.
Cautionary Advise is to be careful in future.
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Adv. Rishi Raj Sharma
Delhi | 25+ Answers
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As per sub-section (2) of Section 61 such appeal is to be filed within thirty days. As per proviso thereto, the Appellate Tribunal has power to condone the delay, if it is satisfied that there was sufficient cause for not filing the appeal but such period cannot exceed fifteen days from beyond the period of thirty days.
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Adv. Sanjeev Kumar
Delhi | 25+ Answers
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yes appeal can be filed before NCLAT under the Insolvency Act, please contact me for the same i will help u out regarding this in every manner, kindly feel free to approach me for the same i will help u out.
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Adv. Prateek Kohli
Delhi | 25+ Answers
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