# A Rajendra vs. Gonugunta Madhusudhan Rao & ORS

> HC judgment dated 2025-04-03. Citation: TCN-2025-HC-00061. The appellant filed appeals before the NCLAT against orders passed by the NCLT. The NCLAT dismissed…

- **Court:** HC
- **Order date:** 3 Apr 2025
- **Citation:** TCN-2025-HC-00061
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/bombay-high-court-panaji/a-rajendra-vs-gonugunta-madhusudhan-rao-ors-lflbeq1p

## Summary

### Background

The appellant filed appeals before the NCLAT against orders passed by the NCLT. The NCLAT dismissed the appeals due to delay in filing. The appellant contended that the delay should have been condoned as the appeals were filed within the extended period of limitation. The respondents argued that the appeals were barred by limitation as the appellant did not apply for a certified copy of the order.

## Facts

Appeals were preferred against the order dated 18.01.2024 passed by the NCLAT, where appeals preferred by the appellant were dismissed due to dismissal of applications for condonation of delay.

Two appeals were preferred before the NCLAT against two separate orders passed on 20.07.2023 by the NCLT.

The appellant is the shareholder and suspended Managing Director of Dharti Dredging and Infrastructure Limited (Corporate Debtor).

The appellant filed an application under Section 60(5) read with Section 35(1)(N) of the IBC seeking a direction to place the Resolution Plans before the Committee of Creditors (CoC).

The appeals were preferred without any application for condonation of delay.

The respondents raised objection that the appeals were beyond the period of limitation.

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## Issues and analysis

### Issue 1: Whether the appeals were filed within the prescribed period of limitation as per Section 61(2) of …

**Ratio:** The limitation period for filing an appeal under Section 61(2) of the IBC starts from the

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**Reasoning:** The court referred to previous judgments, including V Nagarajan Vs. SKS Ispat and Power

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**Interpretation:** Section 61(2) of the IBC, read with precedents like V Nagarajan, establishes

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**Application:** In this case, the appellant failed to apply for a certified copy, rendering the

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## Parties

- **Judges:** AUGUSTINE GEORGE…; ABHAY S…; +1 more
- **Appellants:** A. Raje…
- **Respondents:** Dharti Dredging…; Gonugunta…
- **Other parties:** Kalabu…; JerzLE2XSCWtLxViMw…

## Timeline

- **18.01.2024 — Order by…**: NCLAT passed an order dismissing the…
- **20.07.2023 — Orders by…**: NCLT passed two…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 60(5) — Adjudicating Authority for corporate persons](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-60)

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