# In the matter of Registrar of Companies, West Bengal Vs.
Kalyanpur Cements Ltd.
 Company Appeal (AT) (Insolvency) No. 139-141 of 2020

> NCLAT judgment dated 2022-07-14. Citation: TCN-2022-NCLAT-00366. The appeal was filed against an order dated 17.07.2019 passed by the Adjudicating Authority…

- **Court:** NCLAT
- **Order date:** 14 Jul 2022
- **Citation:** TCN-2022-NCLAT-00366
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/registrar-of-companies-west-bengal-vs-kalyanpur-cements-ltd-company-appeal-at-in-aef814b6

## Summary

### Background

The appeal was filed against an order dated 17.07.2019 passed by the Adjudicating Authority (National Company Law Tribunal, Kolkata Bench) which disposed of CP (IB) No. 168/KB/2017 in CA (IB) No. 492/KB/2019 in Misc. A. No. 1193/KB/2018. The appeal was filed on 20.12.2019, and the limitation period to file the appeal under Section 61(2) of the Insolvency and Bankruptcy Code, 2016 is 30 days, extendable by another 15 days if sufficient cause exists.

## Facts

The Adjudicating Authority passed an order on 17.07.2019. The Registrar of Companies, West Bengal, filed an appeal against this order, which was filed on 20.12.2019. Section 61(2) of the Insolvency and Bankruptcy Code, 2016, prescribes a 30-day limitation period for filing appeals, extendable by 15 days with sufficient cause. The Registrar of Companies applied for a certified copy of the order on 06.09.2019, which was received on 13.12.2019. The respondent contended that the appeal was time-barred because the application for the certified copy was made after the initial 45-day period from the date of the order. The appellant argued that the limitation should be counted from the date of delivery of the certified copy. The Regional Director of Companies, Kolkata,

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## Issues and analysis

### Issue 1: Whether the appeal filed by the Registrar of Companies, West Bengal, is time-barred under Section …

**Ratio:** Section 61 of the Insolvency and Bankruptcy Code, 2016, provides a limitation period of

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

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**Interpretation:** Section 61(2) of the IBC is interpreted strictly, requiring appeals to be filed

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**Application:** In this case, the order was passed on 17.07.2019, and the appeal was filed on

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## Parties

- **Judges:** Rakesh Kuma…; Alok Sriv…; +1 more
- **Appellants:** Registrar of…
- **Respondents:** Kalyanpur Cements…

## Timeline

- **2019-07-17 — Order by Adjudicating…**: The Adjudicating Authority (National Company Law Tribunal, Kolkata Bench) passed an order…
- **2019-08-31 — Permission to file…**: Appellant received permission to file the appeal from the Regional Director of Companies,…

## 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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