# In the matter of Alok Kumar Goel vs. Union of India,  Ministry of Corporate Affairs, Through Regional Director

> NCLAT judgment dated 2023-07-19. Citation: TCN-2023-NCLAT-00355. The present appeal was preferred against an order passed on 21.04.2022 by the National…

- **Court:** NCLAT
- **Order date:** 19 Jul 2023
- **Citation:** TCN-2023-NCLAT-00355
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/alok-kumar-goel-vs-union-of-india-ministry-of-corporate-affairs-through-regional-aece6492

## Summary

### Background

The present appeal was preferred against an order passed on 21.04.2022 by the National Company Law Tribunal, New Delhi, Principal Bench in CP. No. 62/224/PB/2022. The appellant also filed an interlocutory application (I.A. No. 4767 of 2022) for condonation of delay in filing the appeal, citing a delay of 142 days. The appellant claimed to have learned about the order only on 15.10.2022 upon receiving an email from NSDL.

## Facts

The National Company Law Tribunal (NCLT) passed an order on 21.04.2022. Alok Kumar Goel, the appellant, filed an appeal against this order with a delay of 142 days. The appellant claimed to have gained knowledge of the order only on 15.10.2022 via email. The respondent, Union of India, argued that the appeal was filed beyond the statutory limitation period of 90 days. The appellant filed an interlocutory application (I.A. No. 4767 of 2022) seeking condonation of the delay. The respondent also stated that the same impugned order was earlier assailed in number of appeals. The appellant filed the appeal on 15.12.2022 before Hon'ble NCLAT.

## Issues and analysis

### Issue 1: Whether the delay in filing the appeal should be condoned, considering the appellant's claim of …

**Ratio:** The ratio is based on the principle that the limitation period for filing an appeal

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**Reasoning:** The tribunal considered the appellant's argument that they only became aware of the order

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**Interpretation:** The interpretation revolves around Section 421 of the Companies Act, 2013,

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**Application:** In this specific case, even if the date of knowledge is considered, the

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## Parties

- **Judges:** Rakesh…; Alok Sriv…
- **Appellants:** Alok Kuma…
- **Respondents:** Union of…
- **Advocates:** Krishnendu…; Karan G…; +1 more

## Timeline

- **2022-04-21 — Order by…**: National Company Law Tribunal, New Delhi, Principal Bench passed an order in CP. No.…
- **2022-08-04 — Order in CA (AT) No.…**: Order passed in CA (AT) No. 119 of…

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