# In the matter of Maharashtra State Electricity Distribution Company Limited Vs. Sai Wardha Power Generation Limited & Anr., Civil Appeal No. 1821 of 2021

> SC judgment dated 2021-06-30. Citation: TCN-2021-SC-00034. The appeal was filed against the order of the National Company Law Appellate Tribunal (NCLAT). The…

- **Court:** SC
- **Order date:** 30 Jun 2021
- **Citation:** TCN-2021-SC-00034
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/supreme-court-of-india/maharashtra-state-electricity-distribution-company-limited-vs-sai-wardha-power-g-22a00088

## Summary

### Background

The appeal was filed against the order of the National Company Law Appellate Tribunal (NCLAT). The NCLAT rejected the appeal because it was filed beyond the condonable period of 15 days after the expiry of the 30-day limitation period prescribed. The appellant sought liberty to move the National Company Law Tribunal by invoking Rule 11 of the National Company Law Tribunal Rules, 2016.

## Facts

The Maharashtra State Electricity Distribution Company Limited filed an appeal against Sai Wardha Power Generation Limited & Anr. The National Company Law Appellate Tribunal (NCLAT) rejected the appeal because it was filed beyond the condonable period of 15 days after the expiry of the 30-day limitation period. The appellant sought liberty to move the National Company Law Tribunal by invoking Rule 11 of the National Company Law Tribunal Rules, 2016. The Supreme Court heard the appeal and dismissed it, while granting the appellant the liberty to move the National Company Law Tribunal if permissible under the law.

## Issues and analysis

### Issue 1: Whether the National Company Law Appellate Tribunal was correct in rejecting the appeal based on …

**Ratio:** Section 61(2) of the Insolvency and Bankruptcy Code, 2016, specifies the limitation

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**Reasoning:** The court reasoned that the NCLAT was correct in rejecting the appeal because it was

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**Interpretation:** Section 61(2) is interpreted strictly to ensure timely resolution of insolvency

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**Application:** The appellant's appeal was filed beyond the condonable period of 15 days after

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## Parties

- **Judges:** S. ABDUL…; V. RAMASUBR…
- **Appellants:** MAHARASHTRA STATE…
- **Respondents:** SAI WARDHA POWER…
- **Other parties:** Affir…

## Timeline

- **2021-06-30 — Appeal He…**: The Civil Appeal No. 1821 of…
- **2021-06-30 — Appeal Dis…**: The Supreme Court dismissed the…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 61(2) — Appeals and Appellate Authority](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-61)

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