# In the matter of Tarandeep Kaur Ahluwalia & Ors. vs. One City Infrastructure Pvt. Ltd. & Ors.

> NCLAT judgment dated 2024-10-04. Citation: TCN-2024-NCLAT-00166. The case involves two appeals filed against a common order dated 03.07.2024 by the Tribunal,…

- **Court:** NCLAT
- **Order date:** 4 Oct 2024
- **Citation:** TCN-2024-NCLAT-00166
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/tarandeep-kaur-ahluwalia-ors-vs-one-city-infrastructure-pvt-ltd-ors-61674692

## Summary

### Background

The case involves two appeals filed against a common order dated 03.07.2024 by the Tribunal, which dismissed two applications (1593 of 2023 and 1594 of 2023) filed by the Appellants. The appeals seek condonation of delay. The counsel for the appellants argued that the limitation period should be counted from the date the order was uploaded on the NCLT website (18.07.2024), while the counsel for the respondents argued it should be counted from the date the order was passed (03.07.2024).

## Facts

Two appeals were filed against a common order dated 03.07.2024, where the Tribunal dismissed two applications (1593 of 2023 and 1594 of 2023) filed by the Appellants. The Appellants sought condonation of a one-day delay in filing the appeals. The Appellants argued that the limitation period should be calculated from 18.07.2024, the date the order was uploaded on the NCLT website, while the Respondents contended it should be calculated from 03.07.2024, the date the order was passed. The Appellants relied on a Supreme Court judgment in Sanjay Pandurang Kalate Vs. Vistra ITC (India) Limited & Ors. The Respondents cited V. Nagrajan Vs. SKS Ispat And Power Limited & Ors. The impugned order was passed after hearing the counsels for the parties on 03.07.2024.

## Issues and analysis

### Issue 1: Whether the limitation period for filing an appeal should be calculated from the date of …

**Ratio:** The limitation period should be counted from the date of pronouncement of the order,

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**Reasoning:** The court reasoned that the knowledge of the order is attributed to the appellant from

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**Interpretation:** The interpretation of Rule 150(1) is that the Tribunal can pronounce the order

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**Application:** In this case, the order was passed on 03.07.2024 after hearing the counsels.

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## Parties

- **Judges:** Rakesh Kuma…; Barun M…; +1 more
- **Appellants:** Tarandeep Kaur…
- **Respondents:** One City Infrastru…

## Timeline

- **2023-07-03 — Tribunal…**: The Tribunal dismissed two applications (1593 of 2023 and 1594 of 2023) filed by the…
- **2024-07-03 — Impugned Orde…**: The impugned order was passed after…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 60(2) — Adjudicating Authority for corporate persons](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-60)

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