# In the matter of Industrial Forgings Industries Pvt. Ltd. vs. A2Z Infra Engineering Ltd.

> NCLAT judgment dated 2025-01-13. Citation: TCN-2025-NCLAT-00268. This case involves an appeal against an order delivered by the NCLT, Chandigarh Bench, on…

- **Court:** NCLAT
- **Order date:** 13 Jan 2025
- **Citation:** TCN-2025-NCLAT-00268
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/industrial-forgings-industries-pvt-ltd-vs-a2z-infra-engineering-ltd-114088ba

## Summary

### Background

This case involves an appeal against an order delivered by the NCLT, Chandigarh Bench, on 08.12.2023. The appellant, Industrial Forgings Industries Pvt. Ltd., filed the appeal with a delay, prompting an application for condonation of delay. The delay arose because the appellant initially filed an application before the Adjudicating Authority for correction of the order date, which was erroneously recorded as 08.12.2022 on the first page of the order, while the correct date, 08.12.2023, was mentioned at the end. The application for correction was heard and decided on 29.04.2024. The appellant contended that the limitation period for filing the appeal should commence from the corrected date, making the delay only 14 days. The respondent, A2Z Infra Engineering Ltd.,

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## Facts

The key facts are as follows: An order was delivered by NCLT, Chandigarh on 08.12.2023. The first page of the order incorrectly mentioned the date as 08.12.2022, while the end of the order correctly stated 08.12.2023. The appellant filed an application for correction of the order date, which was allowed on 29.04.2024. The appellant then filed an appeal, claiming the limitation period should commence from the corrected date. The respondent contended that the limitation period should commence from the original order date. The appeal was filed on 12.06.2024, which was beyond the condonable delay period if calculated from the original order date. The appellant argued that the delay was only 14 days if calculated from the date of correction. The delay in filing the appeal

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## Issues and analysis

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

**Ratio:** The limitation period for filing an appeal commences from the date the order was

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**Reasoning:** The Tribunal reasoned that the correction of a typographical error does not amount to a

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**Interpretation:** The interpretation of the law is that a mere correction of a typographical

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**Application:** In this case, the order was delivered on 08.12.2023. The typographical error

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## Parties

- **Judges:** Ashok Bh…; Arun Ba…; +2 more
- **Appellants:** Industrial…
- **Respondents:** A2Z Infra…

## Timeline

- **2023-12-08 — Original Order…**: NCLT, Chandigarh Bench, delivered the original order. The first page of the order…
- **2024-01-13 — Application for…**: The Appellant filed an application before the Adjudicating Authority for correction of…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 61(2) — Appeals and Appellate Authority](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-61)

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