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2025 DAILYLAW 2378 (SC)

Saturn Ventures And Advisors Pvt Ltd Etc. v. S. Gopalakrishnan

2025-11-11

Sanjay Kumar, Satish Chandra Sharma

body2025
ORDER 1. I.A. No. 231887 of 2025, praying for an open Court hearing of the review petition, is rejected. 2. Review is presently sought of the order dated 18.08.2025, whereby this Court dismissed the review petitioner’s appeal under Section 62 of the Insolvency and Bankruptcy Code, 2016 [For short, ‘IBC’] on the ground of limitation. The limitation prescribed for filing an appeal under Section 62(1) of the IBC is 45 days. However, Section 62(2) thereof permits this Court, if it is satisfied that a party was prevented by sufficient cause from filing an appeal within 45 days, to extend the limitation by a further period not exceeding 15 days. In the case on hand, the order under appeal was delivered on 13.02.2025 by the National Company Law Appellate Tribunal. It was only on the 47th day thereafter, i.e., on 01.04.2025, that the review petitioner applied for a certified copy of the impugned order. The certified copy was made available on 04.04.2025 and the appeal was filed on 16.04.2025. The review petitioner filed an application seeking condonation of the delay of one day in the filing of the appeal. 3. Be it noted that the review petitioner was not entitled to exclude the time taken to secure the certified copy of the order as the application therefor was filed after expiry of the normal limitation period. This is in keeping with the law laid down by this Court in V. Nagarajan vs. SKS Ispat and Power Limited and others, (2022) 2 SCC 244 . 4. Therefore, the condonable extended period of 15 days available under Section 62(2) of the IBC expired on 14.04.2025 but the appeal was filed on 16.04.2025, i.e., on 62nd day. 5. We, therefore, find no grounds made out to review the order dated 18.08.2025 in Civil Appeal Diary No. 20174 of 2025. 6. The review petition is, accordingly, dismissed.