VidhiSangh

Supreme Court of India · 27/09/2024

STATE BANK OF INDIA versus INDIA POWER CORPORATION LIMITED

[2024] 10 S.C.R. 384 · 2024 INSC 774

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Summary

The Supreme Court held that under Rule 50 of the NCLT Rules, 2016 a certified copy sent free of cost by the Registry and a certified copy obtained on payment of fees stand on the same footing, distinguished V Nagarajan v. SKS Ispat, and condoned a three-day delay in filing an IBC appeal before the NCLAT that fell within the condonable 15-day window.

Issues

  1. Whether a free certified copy sent by the NCLT Registry under Rule 50 of the NCLT Rules is a certified copy for the purpose of Rule 22(2) of the NCLAT Rules.
  2. Whether a three-day delay beyond the 30-day period in Section 61(2) of the IBC could be condoned where the appellant relied on the free certified copy and had not applied for a paid certified copy.

Provisions considered

Held

Result

Appeal allowed; the NCLAT judgment dismissing the condonation application set aside; the three-day delay condoned and the appeal restored to the file of the NCLAT.

Judgment PDF: Supreme Court of India, [2024] 10 S.C.R. 384.