Supreme Court rules limitation under Section 62 begins from the date of NCLAT order, not certified copy receipt; time for obtaining copy not excluded.
Supreme Court Clarifies Limitation Start Date for NCLAT Appeals
The Supreme Court has held that the period of limitation for filing an appeal against a National Company Law Appellate Tribunal (NCLAT) order under Section 62 of the IBC begins from the date of the order itself, not from the date of receipt of the certified copy. The decision resolves conflicting interpretations and aligns with statutory time limits under the Limitation Act, 1963.
The Court rejected arguments that the limitation period should be extended to account for delays in obtaining certified copies, noting that litigants bear responsibility for expeditious follow-up. The bench emphasized institutional efficiency and timely enforcement of rights.
The right to appeal is not rendered illusory, but it must be exercised with due diligence, the Court observed.
For legal practitioners, this mandates immediate action upon pronouncement of NCLAT orders. Any delay in securing a certified copy cannot be used to justify non-compliance with the 60-day limit, reinforcing the need for proactive case management.
