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Judgment
ORDER
The Appellant agitates his grievances, against the impugned order 18.09.2025 that was passed by the Ld. NCLT Kochi Bench, in IBA/37/KOB/2020, as it was preferred in CA(IBC)/07/KOB/2025. The consequential effect of the impugned order of 18.09.2025 had been that the application preferred by the Appellant in proceedings under Section 42 of the I & B Code, 2016, had been rejected.
The facts and relevant dates, which are apparent on record are as follows:
The impugned order was passed on 18.09.2025.
The order was uploaded on 18.09.2025.
The Appellant filed an application to procure the certified copy of the order on 30.10.2025, i.e., after the expiry of the 30 days period of limitation, as prescribed under Section 61(2) of the I & B Code, 2016.
The certified copy of the order was prepared on 04.11.2025.
He received the certified copy of the order on 10.11.2025,
Thereafter the appeal was e-filed on 12.11.2025.
Looking into the aforesaid facts, and statistics as available on the record, it is seen that the appeal has been filed 55 days after the date of pronouncement of the impugned order. The Appellant has submitted that he applied for certified copy of the impugned order on 30.10.2025 and that it was made available to him on 10.11.2025 and hence the time period of 12 days taken in procuring the certified copy would have to be excluded from the limitation period and once that is done, then the time taken by him to file the appeal is only 43 (=55-12) days which is within the 45-day limit and that the delay of 13 (=45 – 30) days in filing the appeal may be condoned on account of the reasons as narrated in para 3 (iii) & (iv) of the Application.
However, it is seen that the application for procuring the certified copy of the impugned order was made after expiry of the period of limitation of 30 days from the date of pronouncement of the order. Thus, as per the ratio laid down by Hon’ble Apex Court in para-31 of its judgement in “(2022) 2 SCC 244, V. Nagarajan vs. SKS Ispat & Power Ltd. & Ors.”, the Appellant will not be entitled avail the benefit of exclusion of time taken to obtain the certified copy of the impugned order, which is provided under section 12 of the Limitation Act, 1963. Accordingly, it will have to be construed that the appeal has been filed 55 days after the date of pronouncement of the order and that it has been filed after a delay of 25 days.
Since the appeal happens to be delayed by 25 days, it is much beyond the upper limit prescribed under the proviso to Section 61(2) of the I & B Code, 2016. Thus, the company appeal is dismissed on the grounds of limitation. Accordingly, Condone Delay Application being IA No. 1680/2025 would stand rejected and consequently, Company Appeal (AT) (CH) (Ins) No. 594/2025, too would stand 'dismissed'.