# In the matter of Kunwer Sachdev Vs. Su Kam Power Systems Limited Civil Appeal No. 2719-2020

> SC judgment dated 2020-10-14. Citation: TCN-2020-SC-00020. The case involves an appeal against an order of the NCLAT. The respondent raised a preliminary…

- **Court:** SC
- **Order date:** 14 Oct 2020
- **Citation:** TCN-2020-SC-00020
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/supreme-court-of-india/kunwer-sachdev-vs-su-kam-power-systems-limited-civil-appeal-no-2719-2020-c1b0ef8d

## Summary

### Background

The case involves an appeal against an order of the NCLAT. The respondent raised a preliminary objection regarding the maintainability of the appeal, arguing it was barred by limitation. The NCLAT order was passed on December 19, 2019, and the appeal should have been filed within 45 days according to Section 62(2) of the Insolvency and Bankruptcy Code 2016. The appellant contends that although the order was pronounced on December 19, 2019, the certified copy was only available on February 1, 2020, and they applied for it on the date of pronouncement.

## Facts

The NCLAT passed an order on December 19, 2019. The respondent contends the appeal is barred by limitation, citing Section 62(2) of the Insolvency and Bankruptcy Code 2016, which requires filing within 45 days. The appellant claims the certified copy of the order was only available on February 1, 2020, and they applied for it on December 19, 2019. The availability date of the certified copy is crucial because it could affect the calculation of the limitation period. The respondent relies on the strict interpretation of the 45-day limit from the order date, while the appellant argues for a more flexible approach considering the availability of the certified copy. The court is considering whether the delay can be condoned under Section 62(2) of the Code, which allows for

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## Issues and analysis

### Issue 1: Whether the appeal is barred by limitation under Section 62(2) of the Insolvency and Bankruptcy …

**Ratio:** Section 62(2) of the Insolvency and Bankruptcy Code 2016 stipulates a 45-day period for

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**Reasoning:** The court is examining whether the appeal was filed within the prescribed 45-day period

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**Interpretation:** The interpretation of Section 62(2) is crucial. The court must determine if the

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**Application:** The court applies Section 62(2) to the specific facts, considering the NCLAT

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## Parties

- **Judges:** Dr Dhananjaya Y…; INDIRA BA…
- **Appellants:** KUNWER SA…
- **Respondents:** SU KAM POWER…

## Timeline

- **2019-12-19 — NCLAT Or…**: The NCLAT passed an…
- **2020-02-01 — Certified Copy…**: The appellant claims the certified copy of the NCLAT order was made available on this…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 62(2) — Appeal to Supreme Court](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-62)

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