# In the matter of Hero Exports vs. K. Vasudevan

> NCLAT judgment dated 2024-10-03. Citation: TCN-2024-NCLAT-00167. The appellant challenged an order dated 12.06.2019 and 04.11.2019 passed by NCLT, Chennai,…

- **Court:** NCLAT
- **Order date:** 3 Oct 2024
- **Citation:** TCN-2024-NCLAT-00167
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/hero-exports-vs-k-vasudevan-deb472b2

## Summary

### Background

The appellant challenged an order dated 12.06.2019 and 04.11.2019 passed by NCLT, Chennai, which affirmed a resolution plan. The appellant had sought a recall of the order approving the resolution plan, which was rejected. Subsequently, the appellant filed revision petitions before the High Court of Madras, which were dismissed. The appellant then challenged the order of 04.11.2019 before the NCLAT.

## Facts

Hero Exports, represented by its Constituted Attorney, filed a company appeal challenging the impugned order dated 12.06.2019 and 04.11.2019 passed by NCLT, Chennai in CP(39/IB/2018). The NCLT order affirmed a resolution plan. The appellant had initially sought a recall of the order approving the resolution plan, but this was rejected on 04.11.2019. The appellant then filed revision petitions before the High Court of Madras, which were dismissed on 11.02.2020. The appellant approached the High Court under Article 227 of the Constitution of India. The appellant then filed the company appeal before the NCLAT. The key fact is that the appellant did not challenge the original order approving the resolution plan, but only the order rejecting the recall application. The

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## Issues and analysis

### Issue 1: Whether the appeal is barred by …

**Ratio:** Section 61 of the I&B Code prescribes a specific period of limitation for filing an

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**Reasoning:** The court reasoned that the appeal was filed beyond the prescribed period of limitation

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**Interpretation:** Section 61 of the I&B Code is interpreted as a self-contained provision

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**Application:** Since the appeal was filed on 07.11.2021, which is beyond the limitation period

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## Parties

- **Judges:** Sharad Kumar…; Jatindranat…
- **Appellants:** Hero Ex…
- **Respondents:** Tiffins Barytes…; K. Vasu…

## Timeline

- **2019-06-12 — Impugned…**: NCLT, Chennai passed an order…
- **2019-11-04 — Rejection of Recall…**: The appellant's application for recall of the order approving the resolution plan was…

## 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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