# Ashdan Properties Pvt. Ltd. and Others vs. DSK Global Education and Research Pvt. Ltd. and Another

> SC judgment dated 2025-08-12. Citation: TCN-2025-SC-00083. The appeal challenges the judgment dated 01.07.2024 passed by the National Company Law Appellate…

- **Court:** SC
- **Order date:** 12 Aug 2025
- **Citation:** TCN-2025-SC-00083
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/supreme-court-of-india/ashdan-properties-pvt-ltd-and-others-vs-dsk-global-education-and-research-pvt-lt-3e42a906

## Summary

### Background

The appeal challenges the judgment dated 01.07.2024 passed by the National Company Law Appellate Tribunal (NCLAT), Principal Bench, New Delhi, pertaining to Company Appeal (AT) (Insolvency) No. 1308 of 2023. The NCLAT order relates to an appeal filed by DSK Global Education and Research Pvt. Ltd. against an order passed by the NCLT, Mumbai Bench, approving a resolution plan submitted by Ashdan Properties Private Limited.

## Facts

The NCLT pronounced the order in the subject I.A. on 23.06.2023.

The appeal before the NCLAT was e-filed by respondent No. 1 on 25.07.2023.

A certified copy of the impugned order dated 23.06.2023 was not filed along with the appeal.

Respondent No. 1 applied for a certified copy of the order dated 23.06.2023 on 23.08.2023.

Respondent No. 1 received the certified copy on 07.09.2023.

An application for condonation of the delay of 2 days in the filing of the appeal was filed by respondent No. 1 only on 22.09.2023.

The appellant raised the contention that the appeal was barred by limitation before the NCLAT on 27.10.2023.

The NCLAT did not deal with the issue of limitation in so far as the filing of respondent No.1's appeal was concerned.

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## Issues and analysis

### Issue 1: Whether the failure to file a certified copy of the impugned order along with the appeal renders …

**Ratio:** Rule 22(2) of the NCLAT Rules mandates that every appeal filed before the Appellate

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**Reasoning:** The Supreme Court relied on V. Nagarajan v. SKS Ispat & Power Ltd. and others, which

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**Interpretation:** The requirement of filing a certified copy is not merely a technical

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**Application:** The Court held that the respondent's appeal before the NCLAT was defective

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## Parties

- **Judges:** Sanjay…; SATISH CHANDRA…
- **Appellants:** ASHDAN PROPERTIES…
- **Respondents:** DSK GLOBAL…
- **Other parties:** Over Tu…

## Timeline

- **2023-06-23 — Order Pronounce…**: The National Company Law Tribunal (NCLT)…
- **2023-07-01 — NCLAT Jud…**: The National Company Law Appellate Tribunal (NCLAT) passed the judgment in Company Appeal…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 62 — Appeal to Supreme Court](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-62)

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