Application For Certified Copy Filed Beyond Limitation, Not Entitled To Exclude Time In Preparation Of Certified Copy : NCLAT

The National Company Law Appellate Tribunal, Principal Bench, comprising of Justice Ashok Bhushan, Shri Barun Mitra and Shri Arun Baroka, has held that when the application for obtaining certified copy of an NCLT order is submitted beyond the limitation period for filing of appeal, then the Appellant is not entitled to exclude the time consumed in preparation of certified order from the period of limitation for filing of appeal before NCLAT. “When the application is filed beyond the period of limitation, the Appellant is not entitled to exclude the period during which period certified copy remains under preparation. Thus, the Appellant is not entitled for any exclusion of the period during which copy was under preparation.” Background Facts KSM Spinning Mills Ltd. was admitted into Corporate Insolvency Resolution Process by the NCLT. It was held that when application for obtaining certified copy of order is submitted beyond limitation, then the Appellant is not entitled to exclude the period consumed in preparation of certified copy from the period of limitation in filing of appeal.