# In the matter of State Bank of India vs. Darwin Platform Infrastructure Ltd. & Ors.

> NCLAT judgment dated 2024-02-13. Citation: TCN-2024-NCLAT-00637. The case involves an appeal filed by State Bank of India against an order dated 21st July…

- **Court:** NCLAT
- **Order date:** 13 Feb 2024
- **Citation:** TCN-2024-NCLAT-00637
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/state-bank-of-india-vs-darwin-platform-infrastructure-ltd-ors-116969d5

## Summary

### Background

The case involves an appeal filed by State Bank of India against an order dated 21st July 2023, passed by the National Company Law Tribunal (NCLT), Mumbai Bench, which approved the resolution plan of Darwin Platform Infrastructure Ltd. The appeal was filed with a delay, and the appellant sought condonation of this delay. The primary issue revolves around whether the appeal was filed within the permissible limitation period, considering the provisions of the Limitation Act and the General Clauses Act, especially concerning holidays and the time taken to obtain a certified copy of the order.

## Facts

On 21st July 2023, the National Company Law Tribunal (NCLT), Mumbai Bench, passed an order approving the resolution plan of Darwin Platform Infrastructure Ltd. State Bank of India, the appellant, filed an appeal against this order. The appellant applied for a certified copy of the order on 24th July 2023, which was made available on 25th July 2023. The appeal was e-filed on 7th September 2023. The appellant argued that the limitation period should commence from 24th July 2023, excluding the time taken to obtain the certified copy, and that the holidays between 7th and 10th September 2023 should also be excluded. The Resolution Professional for the respondent contended that the limitation period should be calculated differently, and that the delay exceeded the

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## Issues and analysis

### Issue 1: Whether the Appeal have been filed on 15th day after expiry of limitation or it was filed after …

**Ratio:** The limitation period for filing an appeal under Section 61(2) of the IBC is 30 days,

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**Reasoning:** The court reasoned that the 30-day limitation period commenced on 22nd July 2023

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**Interpretation:** The interpretation of Section 61(2) of the IBC, Section 4 of the Limitation

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**Application:** Applying the ratio to the facts, the court found that the appeal was filed on

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## Parties

- **Judges:** Ashok Bh…; Barun M…; +1 more
- **Appellants:** State Bank of…
- **Respondents:** Darwin Platform…
- **Advocates:** N. Venkat…; Sanjay…; +7 more

## Timeline

- **2023-07-21 — Order by…**: National Company Law Tribunal (NCLT), Mumbai Bench, passed an order approving the…
- **2023-07-24 — Application for…**: Appellant, State Bank of India, applied…

## 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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