# In the matter of Aarif Ahsan Khan vs. Jayesh Sanghrajka & Ors.

> NCLAT judgment dated 2023-12-08. Citation: TCN-2023-NCLAT-00043. This case involves an appeal against an order dated May 2, 2023, passed by the Adjudicating…

- **Court:** NCLAT
- **Order date:** 8 Dec 2023
- **Citation:** TCN-2023-NCLAT-00043
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/aarif-ahsan-khan-vs-jayesh-sanghrajka-ors-f642fe2f

## Summary

### Background

This case involves an appeal against an order dated May 2, 2023, passed by the Adjudicating Authority regarding a Preferential Transaction Application (I.A. No. 1927 of 2021). The appellant, who was Respondent No. 6 in the original application, sought condonation of delay in filing the appeal. The appellant had previously filed an application (I.A. No. 2679 of 2023) seeking modification or stay of the May 2, 2023 order. The Adjudicating Authority rejected this application on August 17, 2023. The appellant argued that the limitation period for filing the appeal should be counted from August 17, 2023, after the decision on I.A. No. 2679 of 2023.

## Facts

On May 2, 2023, the Adjudicating Authority passed an order deciding a Preferential Transaction Application (I.A. No. 1927 of 2021). The Appellant, who was Respondent No. 6 in the original application, was directed to contribute a sum. The Appellant then filed I.A. No. 2679 of 2023 seeking modification or stay of the May 2, 2023 order. This application was rejected by the Adjudicating Authority on August 17, 2023. The Appellant filed an appeal against the May 2, 2023 order, along with an application for condonation of delay, arguing that the limitation period should be counted from August 17, 2023. The Appellant relied on the principle of merger of orders, citing judgments in 'Ashok Tiwari' and 'DSR Steel Pvt. Ltd.' The Respondent argued that the limitation period

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## Issues and analysis

### Issue 1: Whether the limitation period for filing the appeal should be calculated from the date of the …

**Ratio:** The limitation period for challenging an order begins from the date of the original

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**Reasoning:** The court reasoned that the present case falls under the scenario where the original

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**Interpretation:** The interpretation of the law on limitation is that the clock starts ticking

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**Application:** In this case, the court found that the subsequent order of August 17, 2023, did

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## Parties

- **Judges:** Ashok Bh…; Barun M…; +1 more
- **Appellants:** Aarif Ahsa…
- **Respondents:** Ornate Deve…; Jayesh Sang…

## Timeline

- **2021-01-01 — I.A. No. 1927…**: Preferential Transaction Application being I.A. No. 1927 of 2021 filed by the Resolution…
- **2021-12-28 — Reply Fi…**: Respondent No. 6 in I.A.-1927 of 2021…

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