Sanket Kumar Agarwal & Anr vs APG Logistics Private Limited
[2023] 5 S.C.R. 1160; 2023 INSC 727
Coram: Hon’ble Justice Dr Dhananjaya Y Chandrachud & Hon’ble Justice J B Pardiwala
Forum: Hon’ble Supreme Court of India
Case No.: Civil Appeal No. 748 of 2023
Date of Decision: 01 May, 2023

Facts & Background:

  • Mr. Sanket Kumar Agarwal & Another were the Appellants.
  • APG Logistics Private Limited was the Respondent-Corporate Debtor.
  • The Appellant filed an application under Section 7 of the IBC in June 2021 to initiate the Corporate Insolvency Resolution Process, which was dismissed by the National Company Law Tribunal on 26.08.2022.
  • The Appellant applied for a certified copy on 02.09.2022, which was received by the NCLT Registry on 05.09.2022. The order was uploaded and furnished on 15.09.2022.
  • The Appellant instituted an appeal before the National Company Law Appellate Tribunal through e-filing on 10.10.2022, accompanied by an Interlocutory Application seeking condonation of a five-day delay, and subsequently submitted the physical copy on 31.10.2022.
  • The Appellant submitted that the appeal was filed within the limitation period from 15.09.2022 when the order was made public and also considered 26.08.2022 as the commencement date as a precaution, excluding 10 days taken to obtain the certified copy.
  • The Appellant stated that the five-day delay resulted from the time required to obtain legal advice, gather documents, and engage with counsel during the festive season.
  • The NCLAT held that the appeal was filed on the 46th day exceeding the 45-day limit under Section 61 of the IBC, and ruled that an aggrieved party need not wait for a certified copy to file an appeal.
  • The NCLAT found that the 30-day period ended on 4 October 2022, and the Appellant exceeded the permissible delay, leading to the dismissal of the appeal as time-barred.
  • Aggrieved by NCLAT's order, the Appellant filed an appeal before the Supreme Court under Section 62 of the IBC.

Main Issue:

  • Whether the NCLAT erred in dismissing the appeal as time-barred by ruling that the Appellant exceeded the 45-day limit under Section 61 of the Insolvency & Bankruptcy Code, 2016? (Paragraph 8)