# In the matter of Sanket Kumar Agarwal vs. APG Logistics Private Limited

> SC judgment dated 2023-05-01. Citation: TCN-2023-SC-00082. The appeal arises from a judgment of the National Company Law Appellate Tribunal (NCLAT) dated 9…

- **Court:** SC
- **Order date:** 1 May 2023
- **Citation:** TCN-2023-SC-00082
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/supreme-court-of-india/sanket-kumar-agarwal-vs-apg-logistics-private-limited-f99ffa68

## Summary

### Background

The appeal arises from a judgment of the National Company Law Appellate Tribunal (NCLAT) dated 9 January 2023, which dismissed the appeal against the order of the National Company Law Tribunal (NCLT) on the ground of limitation. The appellant had instituted an application under Section 7 of the Insolvency and Bankruptcy Code (IBC) in June 2021 seeking the initiation of the Corporate Insolvency Resolution Process against the respondent. The NCLT dismissed the application on 26 August 2022. The appellant filed an application for a certified copy of the order on 2 September 2022, which was received by the Registry of NCLT on 5 September 2022. The order was uploaded on the website of the NCLT on 15 September 2022, and a certified copy was provided to the appellant on the

…

## Facts

Sanket Kumar Agarwal & Anr. filed an appeal against the order of the National Company Law Appellate Tribunal (NCLAT), which had dismissed their appeal against the National Company Law Tribunal's (NCLT) order due to limitation. The NCLT order, dated 26 August 2022, dismissed the appellant's application under Section 7 of the Insolvency and Bankruptcy Code (IBC) filed in June 2021, seeking to initiate the Corporate Insolvency Resolution Process against APG Logistics Private Limited. The appellant applied for a certified copy of the NCLT order on 2 September 2022, received by the NCLT Registry on 5 September 2022, and provided on 15 September 2022. The appellant filed an appeal before the NCLAT on 10 October 2022 via e-filing, seeking condonation of a 5-day delay, and

…

## Issues and analysis

### Issue 1: Whether the NCLAT was correct in dismissing …

**Ratio:** The power to condone a delay of up to 15 days beyond the original period of 30 days lies

…

**Reasoning:** The Supreme Court found that the NCLAT was in error in dismissing the appeal on the

…

**Interpretation:** Section 61(2) of the IBC provides for a limitation period of thirty days for

…

**Application:** The Supreme Court applied the ratio to the facts of the case, noting that the

…

## Parties

- **Judges:** Dr Dhananjaya Y…; J.B. PARD…
- **Appellants:** Sanket Kumar…
- **Respondents:** APG Logistics…

## Timeline

- **2021-06-01 — Application under…**: Appellant instituted an application under Section 7 of the IBC seeking initiation of…
- **2022-08-26 — NCLT Dismissa…**: The NCLT dismissed the…

## 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)

---

This is a preview. The full structured summary, issues, precedents and source judgment are available on CaseEase - Legal Intelligence Simplified: https://caseease.in/cases/ibc/supreme-court-of-india/sanket-kumar-agarwal-vs-apg-logistics-private-limited-f99ffa68