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Supreme Court of India

Tata Steel Ltd. v. Raj Kumar Banerjee & Ors.

Neutral citation
Reported as [2025] 5 S.C.R. 814
Bench J.B. Pardiwala and R. Mahadevan JJ.
Decided 7 May 2025

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 foregoing, the order passed by the NCLAT condoning the delay in filing the appeal, is ultra vires and liable to be set aside.

Judgment, page 28

From the headnote

Issue for Consideration (i) Whether the additional condonable period of 15 days as provided under section 61(2) IBC commences from the end of the prescribed limitation period of 30 days, in case the prescribed limitation period for filing the appeal falls on a day when the court is closed or commences from the day when the court reopens? (ii) What is the meaning of the term ‘prescribed period’ as defined under Section 2(j) read with Section 4 of the Limitation Act, 1963 and Rule 3 of the NCLAT Rules, 2016? (iii) Whether the NCLAT has the power to condone the delay beyond the said prescribed

Authorities it was built on

Where later benches applied it

Of those, 1 referred to

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