# In the matter of Mr V Nagarajan Resolution Professional Vs. SKS Ispat and Power Ltd. and Ors. CA(AT)(Insolvency)No. 561 of 2020

> NCLAT judgment dated 2020-07-13. Citation: TCN-2020-NCLAT-00200. The case involves an appeal against the order dated 31st December 2019 passed by the…

- **Court:** NCLAT
- **Order date:** 13 Jul 2020
- **Citation:** TCN-2020-NCLAT-00200
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/mr-v-nagarajan-resolution-professional-vs-sks-ispat-and-power-ltd-and-ors-ca-01531775

## Summary

### Background

The case involves an appeal against the order dated 31st December 2019 passed by the Adjudicating Authority/National Company Law Tribunal, Chennai, Bench, Chennai in M.A. No.908 of 2019 in I.A. No.38/2018 in Company Petition No.511/(I.B.)/2017. The Adjudicating Authority declined to interfere with the invocation of a performance guarantee given about another contact and thereby refused to grant interim relief to the Corporate Debtor. The Registry of the Tribunal raised an objection regarding the limitation period for filing the appeal.

## Facts

Mr. V Nagarajan, the Resolution Professional for M/s Cethar Limited (under Liquidation), filed an appeal against an order dated 31st December 2019 passed by the Adjudicating Authority/National Company Law Tribunal, Chennai. The Adjudicating Authority had declined to interfere with the invocation of a performance guarantee related to another contract, thereby refusing interim relief to the Corporate Debtor, Cethar Limited. The appeal was filed on 8th June 2020, which was beyond the initial 30-day limitation period. The registry raised a defect query on limitation. The appellant contended that the delay was due to the non-availability of the certified copy of the order until 12th March 2020, and cited the Supreme Court's order extending limitation due to the COVID-19

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## Issues and analysis

### Issue 1: Whether the appeal was filed within the limitation period prescribed under Section 61 of the …

**Ratio:** Section 61 of the Insolvency and Bankruptcy Code, 2016, allows for an appeal to be filed

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**Reasoning:** The Tribunal noted that the appeal was filed beyond the initial 30-day period and that

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**Interpretation:** The limitation period under Section 61 is strictly construed, with limited

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**Application:** In this case, the Appellant failed to demonstrate sufficient cause for the

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## Parties

- **Judges:** V. P. S…; Alok Sriv…
- **Appellants:** Mr V Nagarajan…
- **Respondents:** M/s Cethar…; SKS Ispat and…
- **Advocates:** Mr R. Subra…; Mr Ramji Srinivasa…; +1 more

## Timeline

- **2019-12-31 — Order by Adjudicating…**: The Adjudicating Authority/National Company Law Tribunal, Chennai, passed an order…
- **2020-03-12 — Unsigned Order…**: An unsigned copy of the order was uploaded on the website with incorrect details of 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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