SANKET KUMAR AGARWAL Vs. APG LOGISTICS PRIVATE LIMITED

JUDGEMENT

(1.) Admit.

(2.) This appeal arises under Sec. 62 of the Insolvency and Bankruptcy Code 2016[1] from a judgment dtd. 9/1/2023 of the National Company Law Appellate Tribunal.[2] The NCLAT dismissed the appeal against the order of the National Company Law Tribunal[3] on the ground of limitation.

(3.) The appellant instituted an application under Sec. 7 of the IBC in June 2021 seeking the initiation of the Corporate Insolvency Resolution Process against the respondent. The application was dismissed by the NCLT by an order dtd. 26/8/2022. On 2/9/2022, the appellant filed an application for obtaining a certified copy of the order which was pronounced by the NCLT. The application was received by the Registry of NCLT on 5/9/2022. On 15/9/2022, the order was uploaded on the website of the NCLT and a certified copy was provided to the appellant on the same day. The appellant lodged an appeal before the NCLAT on 10/10/2022 in the e-filing mode along with an Interlocutory Application[4] seeking condonation of delay of five days. A physical copy of the appeal was filed on 31/10/2022.