Limitation for Appeal Against NCLAT Order Begins from Date of Order, Not Certified Copy Receipt

Limitation for IBC Appeal Starts from NCLAT Order Date: Supreme Court Clarifies

The Supreme Court has ruled that the limitation period for filing an appeal against an NCLAT order under Section 62 of the Insolvency and Bankruptcy Code (IBC) runs from the date of the order itself, not from the date of receipt of the certified copy. The decision resolves a procedural ambiguity affecting appellants who delay due to administrative processing of documents.

The petitioner had filed an appeal one day beyond the prescribed 45-day limit, arguing that the limitation should be counted from the date the certified copy was received, which was later than the order date. The Court rejected this contention, citing Section 12(1) of the Limitation Act, 1963, which prescribes that time begins to run when the right to sue accrues — in this case, from the date of the NCLAT judgment.

"The right to appeal accrues immediately upon pronouncement of the order. Waiting for a certified copy does not extend the limitation period,"

the Court held. This ruling strengthens procedural finality in IBC appeals and places an obligation on practitioners to act promptly upon oral pronouncements. Filing strategies must now factor in immediate post-judgment action, regardless of document availability.