# In the matter of Power Infrastructure Limited Vs. Union of India & Ors.

> HC judgment dated 2022-12-05. Citation: TCN-2022-HC-00010. Power Infrastructure India filed a petition seeking to quash an order by the National Company Law…

- **Court:** HC
- **Order date:** 5 Dec 2022
- **Citation:** TCN-2022-HC-00010
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/high-courts-new-delhi/power-infrastructure-limited-vs-union-of-india-ors-98a0e2c5

## Summary

### Background

Power Infrastructure India filed a petition seeking to quash an order by the National Company Law Appellate Tribunal (NCLAT) requiring physical filing of documents for the computation of limitation. The NCLAT order was issued due to a disagreement between two members of the National Company Law Tribunal (NCLT), leading to a third member pronouncing the order. An appeal was filed before the NCLAT challenging the NCLT order. The petitioner contends that the e-filing of the appeal was done within the prescribed limitation period, but the physical filing was done later, raising concerns about potential dismissal of the appeal.

## Facts

Power Infrastructure India filed an appeal before the NCLAT challenging an order of the NCLT. The NCLT order was issued following a disagreement between two members, with a third member ultimately pronouncing the order. The petitioner e-filed the appeal within the 45-day limitation period, with the deadline falling on a Saturday. However, the physical filing was completed on the following Monday. The NCLAT issued an order stating that the date of physical filing would be considered the date of filing for limitation purposes. The petitioner fears that the appeal may be dismissed due to the delay in physical filing, despite the timely e-filing. The relevant facts are the dates of the NCLT order, the e-filing, the physical filing, and the NCLAT order regarding physical

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## Issues and analysis

### Issue 1: Whether the NCLAT order requiring physical …

**Ratio:** The ratio is based on the interpretation of NCLAT Rules, specifically Rule 22 regarding

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**Reasoning:** The court acknowledges the NCLAT's order and the petitioner's apprehension. The reasoning

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**Interpretation:** The interpretation involves reconciling the rules allowing for e-filing with

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**Application:** The application involves determining whether the NCLAT's order supersedes the

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## Parties

- **Judges:** PRATHIBA M.…
- **Appellants:** POWER INFRASTRUCTU…
- **Respondents:** Union of…
- **Other parties:** Kohi…

## Timeline

- **2022-10-21 — NCLAT Or…**: NCLAT issued order No. F.No.10/37/2018-NCLAT stating that the date of physical filing…
- **2022-11-11 — E-filing of…**: The Petitioner e-filed the…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 61 — Appeals and Appellate Authority](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-61)

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