VidhiSangh

Supreme Court of India · 04/04/2025

A. RAJENDRA versus GONUGUNTA MADHUSUDHAN RAO & ORS.

[2025] 4 S.C.R. 681 · 2025 INSC 447

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Summary

Appeals to the NCLAT against two NCLT orders of 20.07.2023 were filed on 28.08.2023 without any application for condonation of delay, with an assertion that they were within time, and the appellant had never applied for certified copies. The Supreme Court upheld the NCLAT's refusal to condone the delay, holding that limitation under Section 61(2) IBC runs from the date of pronouncement, that the 15-day extension under the proviso is strictly circumscribed and requires sufficient cause, that the benefit of Section 12(2) of the Limitation Act for the time taken to obtain a certified copy is available only where a copy was applied for, and that the mandatory requirement of Rule 22(2) of the NCLAT Rules to annex a certified copy cannot be dispensed with as of right.

Issues

  1. From which date does limitation for an appeal under Section 61(2) of the Insolvency and Bankruptcy Code, 2016 begin to run: the date of pronouncement of the NCLT order or the date the order is made available to the party.
  2. Whether the time taken to prepare a certified copy can be excluded under Section 12(2) of the Limitation Act, 1963 where the appellant never applied for a certified copy.
  3. Whether the NCLAT erred in dismissing the applications for condonation of delay, and the appeals, where the appeal memo wrongly asserted that the appeals were within time and a contrary stand was taken in the later condonation applications.
  4. Whether an appellant can claim exemption from annexing a certified copy under Rule 22(2) of the NCLAT Rules as a matter of right.

Provisions considered

Held

Result

Appeals dismissed; NCLAT order dated 18.01.2024 dismissing the applications for condonation of delay and the appeals upheld. No order as to costs; pending applications disposed of.

Judgment PDF: Supreme Court of India, [2025] 4 S.C.R. 681.