# In the matter of Sciknow Techno Solutions Ltd. vs. Dinesh Kumar Gupta (Liquidator of Jarvis Infratech Pvt. Ltd.) & Ors. I.A. No. 1110 of 2023 in Company Appeal (AT) (Insolvency) No.332 of 2023

> NCLAT judgment dated 2023-04-18. Citation: TCN-2023-NCLAT-00826. The case involves an appeal against an order dated 22.12.2022 passed by the Adjudicating…

- **Court:** NCLAT
- **Order date:** 18 Apr 2023
- **Citation:** TCN-2023-NCLAT-00826
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/sciknow-techno-solutions-ltd-vs-dinesh-kumar-gupta-042e806c

## Summary

### Background

The case involves an appeal against an order dated 22.12.2022 passed by the Adjudicating Authority (National Company Law Tribunal), New Delhi Bench, Court-V in I.A. No. 111/2022 in CP (IB)/2354/ND/2019. The appeal is filed under Section 61 of the Insolvency and Bankruptcy Code, 2016.

## Facts

The appeal is against an order dated 22.12.2022 passed by the Adjudicating Authority (NCLT), New Delhi.

The appellant filed an application for condonation of delay, claiming the order was received on 08.01.2023.

The liquidator opposed the condonation, stating the order was communicated earlier via email and speed post.

The appellant was Respondent No.2 in the original application before the Adjudicating Authority.

The Adjudicating Authority allowed the application filed by the Liquidator and directed for reversal of the transaction in favour of the Corporate Debtor.

The Adjudicating Authority proceeded ex-parte against the Respondent No.2 (Appellant herein) since despite serving notice, Respondent No.2 did not appear.

## Issues and analysis

### Issue 1: Whether the limitation period for filing an appeal under Section 61 of the IBC commences from the …

**Ratio:** The Hon'ble Supreme Court has clearly held that the running of the limitation shall start

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**Reasoning:** The Tribunal relied on the Supreme Court's judgment in 'V. Nagarajan vs. SKS Ispat and

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**Interpretation:** The absence of the words “from the date on which a copy of the order of the

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**Application:** The Tribunal applied the principle that the limitation period commences from

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## Parties

- **Judges:** Ashok Bh…; Barun M…
- **Appellants:** Sciknow Techno…
- **Respondents:** Jarvis Infratech…; Dinesh Kuma…; +1 more
- **Advocates:** Gaurav…; Smiti V…; +7 more

## Timeline

- **2022-12-22 — Order Da…**: Order passed by the Adjudicating Authority (National Company Law Tribunal), New Delhi…
- **2023-02-22 — Appeal F…**: Appeal e-filed against 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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