2026-VIL-106-SC
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VAT Supreme Court Cases

Limitation Act, 1963 - Insolvency and Bankruptcy Code, 2016 - Limitation for appeal to the Supreme Court under Section 62 of IBC, 2016 - Commencement of limitation from pronouncement or from receipt of certified copy - Appellant filed the appeal under Section 62 of the IBC against the judgment of the NCLAT, which confirmed the Resolution Plan approved by the NCLT, and the Appeal was filed on the 111th day from the date of pronouncement - Respondent raised a preliminary objection on limitation - Whether the Appeal is within the period of limitation under Section 62 of the IBC - HELD - The IBC is an exhaustive, self-contained code, and Section 238-A applies the Limitation Act, 1963 only as far as may be. The Section 62 provides a limitation period of 45 days extendable by a discretionary condonable period of up to 15 days, which creates an absolute outer ceiling of 60 days. The expression from the date of receipt of the order in Section 62(1) cannot be read as the date on which a party chooses to apply for and collect a certified copy. Such a reading would make the limitation period fluctuating and indefinite and would render Section 12(2) of the Limitation Act redundant - For an appeal under Section 62 of the IBC, the Supreme Court Rules, 2013 impose an affirmative obligation on the Appellant to apply for and produce a certified copy. Under Rule 91 of the NCLAT Rules, 2016, limitation commences on the date of pronouncement. Under Section 12(2) only the time requisite for obtaining the certified copy is excluded, and under the Explanation to Section 12 the period of inaction before applying for the copy cannot be excluded. The Appellant applied for the certified copy on the 35th day, and the time requisite for obtaining it stands excluded. After receipt of the copy, the Appellant took a further 41 days to file, so the actionable period totalled 76 days against the absolute ceiling of 60 days. The Appeal was thus filed 16 days beyond the outer limit within which delay can be condoned - The preliminary objection is sustained. The appeal is dismissed as barred by limitation
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