Supreme Court of India

Sanket Kumar Agarwal & Anr v. Apg Logistics Private Limited

Neutral citation
Reported as [2023] 5 S.C.R. 1160
Bench Dr. Dhananjaya Y Chandrachud and J B Pardiwala JJ.
Decided 1 May 2023

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

1 Supreme Court bench has cited this judgment.

What the Court ordered

In view of the above discussion, we have come to the conclusion that the NCLAT was in error in dismissing the appeal on the ground of limitation.

Judgment, page 16

From the headnote

Insolvency and Bankruptcy Code 2016 : ss. 61, 62 , 238 – National Company Law Appellate Tribunal Rules 2016 – r r. 3, 22 ,103 , 104 – Limitation Act, 1963 – s. 12(1) – Limitation period for filing appeal u/s. 61(2) against an order of the NCL T – On facts, dismissal of application u/s. 7 by NCLT on 26.08.2022 – Appella nt then filed application for obtaining certified copy of the order of NCLT which was uploaded on website and provided to the appel lant on 15.09.2022 – e-filing of appeal before NCLAT on 10.10.2022 along with the application for condonation of delay of f ive days – Physical

Where later benches applied it

Of those, 1 mentioned

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