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Supreme Court of India · 01/05/2023

SANKET KUMAR AGARWAL & ANR versus APG LOGISTICS PRIVATE LIMITED

[2023] 5 S.C.R. 1160 · 2023 INSC 727

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Summary

The Court restored an insolvency appeal dismissed as beyond the maximum permissible period. Excluding the day of pronouncement, electronic filing occurred on the forty-fifth day. A further ten days spent obtaining a certified copy were excludable, leaving five days of delay, which the Court condoned on the explanation furnished. The NCLAT was directed to decide the appeal on merits.

Issues

  1. How limitation for an appeal under section 61 should be computed, including exclusion of the pronouncement date and time required for a certified copy.
  2. Whether electronic filing and the explanation for the remaining delay warranted restoration.

Provisions considered

Held

Result

Appeal allowed; delay condoned and the NCLAT appeal restored for disposal on merits.

Judgment PDF: Supreme Court of India, [2023] 5 S.C.R. 1160.