# In the matter of State Bank of India vs. India Power Corporation Ltd.

> NCLAT judgment dated 2024-07-09. Citation: TCN-2024-NCLAT-00339. The Company Appeal was placed before the judge due to a dissenting opinion on whether a…

- **Court:** NCLAT
- **Order date:** 9 Jul 2024
- **Citation:** TCN-2024-NCLAT-00339
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/state-bank-of-india-vs-india-power-corporation-ltd-e82bd629

## Summary

### Background

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.

## Facts

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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## Issues and analysis

### Issue 1: Whether the copy provided by NCLT free of cost under Rule 50 of NCLT Rules for the parties qualify …

**Ratio:** The ratio is that a 'Certified Copy' as per Section 76 of the Indian Evidence Act,

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**Reasoning:** The court reasoned that Rule 22(2) of the NCLAT Rules requires a 'Certified Copy' for

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**Interpretation:** The interpretation is that the term 'Certified Copy' in the context of filing

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**Application:** In this case, the Appellant relied on the 'Free Copy' provided under Rule 50 of

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## Parties

- **Judges:** Sharad Kumar…
- **Appellants:** State Bank of…
- **Respondents:** India Power…

## Timeline

- **2023-10-30 — Impugned Ord…**: Date of the `Impugned Order' in CP (IB) No. 205 / 7 / HDB / 2021 passed by the…
- **2024-05-01 — Difference of…**: Hon'ble Member (Technical) expressed a…

## 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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