# In the matter of Raiyan Hotels and Resorts Pvt. Ltd. & Ors. vs. Unrivalled Projects Private Limited

> NCLAT judgment dated 2023-10-11. Citation: TCN-2023-NCLAT-00133. The document contains the judgment for two Company Appeals (AT) (Insolvency) No. 1071 of 2023…

- **Court:** NCLAT
- **Order date:** 11 Oct 2023
- **Citation:** TCN-2023-NCLAT-00133
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/raiyan-hotels-and-resorts-pvt-ltd-ors-vs-unrivalled-projects-private-limited-1cfc11c3

## Summary

### Background

The document contains the judgment for two Company Appeals (AT) (Insolvency) No. 1071 of 2023 and No. 588 of 2023, both concerning condonation of delay in filing appeals under Section 61 of the Insolvency and Bankruptcy Code (IBC). Appeal No. 1071 challenges an order by the Adjudicating Authority (National Company Law Tribunal), Kolkata Bench-II, while Appeal No. 588 challenges an order by the Adjudicating Authority, Mumbai Bench-IV. The core issue revolves around whether the limitation period for filing an appeal under Section 61 of the IBC commences from the date of the order or from the date when the contents of the order are known to the aggrieved party.

## Facts

The document pertains to two separate Company Appeals (AT) (Insolvency): No. 1071 of 2023 filed against an order dated 08.05.2023 passed by the Adjudicating Authority (NCLT), Kolkata Bench-II, and No. 588 of 2023 filed against an order dated 12.01.2023 passed by the Adjudicating Authority (NCLT), Mumbai Bench-IV. Both appeals involve applications for condonation of delay in filing the appeals under Section 61 of the IBC. In Appeal No. 1071, the appellant claimed that the limitation period should start from the date they received a copy of the order (02.06.2023), arguing a delay of only one day, while the registry calculated a delay of 27 days. The appellant also argued that the appellate tribunal was closed for summer vacation. The respondent argued that the appellant

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## Issues and analysis

### Issue 1: Whether limitation for filing an Appeal under Section 61 of the IBC shall commence from the date of …

**Ratio:** The limitation period for filing an appeal under Section 61 of the IBC commences from the

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**Reasoning:** The court relies on the specific language of Sections 61(1) and 61(2) of the IBC, which

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**Interpretation:** Section 61 of the IBC is interpreted to mean that the limitation period begins

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**Application:** In both appeals, the court found that the orders were pronounced in the

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## Parties

- **Judges:** Ashok Bh…; Barun M…; +1 more
- **Appellants:** Raiyan Hotels and…
- **Respondents:** Aryan Mining &…; Unrivalled…

## Timeline

- **2023-05-08 — Order by Adjudicating Authority (Kolkata…**: The Adjudicating Authority (National Company Law Tribunal), Kolkata Bench-II, passed an…
- **2023-01-12 — Order by Adjudicating Authority (Mumbai…**: The Adjudicating Authority (National Company Law Tribunal), Mumbai Bench-IV, passed an…

## 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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