# In the matter of Sarbjit Singh Johal vs.  Maninder Singh Johal & Ors. I.A. No. 3727 of 2022 in Company Appeal (AT) (Ins.) No. 1224 of 2022

> NCLAT judgment dated 2023-05-02. Citation: TCN-2023-NCLAT-00559. This is a Company Appeal (AT) (Insolvency) No. 1224 of 2022 filed under Section 61 of the…

- **Court:** NCLAT
- **Order date:** 2 May 2023
- **Citation:** TCN-2023-NCLAT-00559
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/sarbjit-singh-johal-vs-maninder-singh-johal-ors-ia-no-3727-of-2022-in-company-ap-63bbb183

## Summary

### Background

This is a Company Appeal (AT) (Insolvency) No. 1224 of 2022 filed under Section 61 of the Insolvency and Bankruptcy Code, 2016, against an order dated 18.07.2022 passed by the National Company Law Tribunal, Kolkata Bench, Kolkata in I.A. (IBC) No. 69/KB/2021 in C.P. (IB) No. 932/KB/2018. The application filed by the Resolution Professional was allowed, directing the Appellants to pay Rs. 72.45 crores for payments made to related parties from the Corporate Debtor's account. The Appellants filed the appeal with a delay of 13 days, seeking condonation of the delay.

## Facts

The National Company Law Tribunal (NCLT), Kolkata Bench, passed an order on 18.07.2022 in I.A. (IBC) No. 69/KB/2021 in C.P. (IB) No. 932/KB/2018, allowing an application filed by the Resolution Professional and directing Sarbjit Singh Johal and Maninder Singh Johal to pay Rs. 72.45 crores on account of payments made to related parties from the account of the Corporate Debtor. The order was communicated to the Appellants via email on 19.07.2022. The Appellants applied for a certified copy of the order on 26.07.2022 and received it on 27.07.2022. The Appellants filed an appeal against the NCLT order with a delay of approximately 54 days, filing on 13.09.2022. The Appellants cited the time taken to obtain the certified copy and COVID-19 related restrictions as reasons for

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## Issues and analysis

### Issue 1: Whether the appeal filed by the Appellants was time-barred under Section 61 of the Insolvency and …

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

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**Reasoning:** The court reasoned that the IBC is a self-contained code with overriding effect. Section

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**Interpretation:** The interpretation of Section 61 of the IBC, along with the Supreme Court's

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**Application:** In this case, the order was passed on 18.07.2022, and the appeal was filed on

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## Parties

- **Judges:** Anant Bijay…; Naresh Sa…
- **Appellants:** Sarbjit Singh…
- **Respondents:** Madhusala Drinks…; Jitender…
- **Advocates:** Jeevesh…; Nihit D…; +1 more

## Timeline

- **2022-07-18 — Order by NCLT…**: National Company Law Tribunal, Kolkata Bench, passed an order in I.A. (IBC) No.…
- **2022-07-19 — Communication…**: The order passed by NCLT Kolkata 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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