The Company Appeal was placed before the judge due to a dissenting opinion on whether a 'Certified Copy' is required for filing an appeal under Section 61 of the I&B Code, 2016. The Adjudicating Authority rejected an application under Section 7 of the Code, denying the initiation of CIRP against the Corporate Debtor. The Appellant sought condonation of a 3-day delay in filing the appeal, invoking Section 61 of the I&B Code and Rule 11 of the NCLAT Rules, 2016. The central question is whether a 'Free Copy' of the order under Rule 50 of NCLT Rules can substitute a 'Certified Copy' for appeal purposes.
State Bank of India filed a Company Appeal against India Power Corporation Ltd. challenging an order passed by the National Company Law Tribunal (NCLT), Hyderabad Bench, which rejected an application under Section 7 of the I&B Code, thereby denying the initiation of CIRP against India Power Corporation Ltd. The appeal was accompanied by a condonation of delay application for 3 days. A difference of opinion arose between the two members of the bench regarding whether a 'Free Copy' of the order provided under Rule 50 of the NCLT Rules can substitute a 'Certified Copy' for the purposes of filing an appeal under Section 61 of the I&B Code, read with Rule 22 of the NCLAT Rules. The NCLT registry had objected to the appeal in regard to limitation. The appellant
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The Company Appeal was placed before the judge due to a dissenting opinion on whether a 'Certified Copy' is required for filing an appeal under Section 61 of the I&B Code, 2016. The Adjudicating Authority rejected an application under Section 7 of the Code, denying the initiation of CIRP against the Corporate Debtor. The Appellant sought condonation of a 3-day delay in filing the appeal, invoking Section 61 of the I&B Code and Rule 11 of the NCLAT Rules, 2016. The central question is whether a 'Free Copy' of the order under Rule 50 of NCLT Rules can substitute a 'Certified Copy' for appeal purposes.
State Bank of India filed a Company Appeal against India Power Corporation Ltd. challenging an order passed by the National Company Law Tribunal (NCLT), Hyderabad Bench, which rejected an application under Section 7 of the I&B Code, thereby denying the initiation of CIRP against India Power Corporation Ltd. The appeal was accompanied by a condonation of delay application for 3 days. A difference of opinion arose between the two members of the bench regarding whether a 'Free Copy' of the order provided under Rule 50 of the NCLT Rules can substitute a 'Certified Copy' for the purposes of filing an appeal under Section 61 of the I&B Code, read with Rule 22 of the NCLAT Rules. The NCLT registry had objected to the appeal in regard to limitation. The appellant
…Date of the `Impugned Order' in CP (IB)…
Hon'ble Member…