How to ascertain the limitation of filing the petition if the party entitled to get a free copy of the order as per statute has not received it?

Therefore, it is true, as contended by the Appellants, that the period of limitation of 45 days prescribed in Section 421(3) would start running only from the date on which a copy of the order of the Tribunal is made available to the person aggrieved. It is also true that Under Section 420(3) of the Act read with Rule 50, the Appellants were entitled to be furnished with a certified copy of the order free of cost.{Para 13}


14. Therefore if the Appellants had chosen not to file a copy application, but to await the receipt of a free copy of the order in terms of Section 420(3) read with Rule 50, they would be perfectly justified in falling back on Section 421(3), for fixing the date from which limitation would start running. But the Appellants in this case, chose to apply for a certified copy after 27 days of the pronouncement of the order in their presence and they now fall back upon Section 421(3).


15. Despite the above factual position, we do not want to hold against the Appellants, the fact that they waited from 25.10.2019 (the date of the order of NCLT) upto 21.11.2019, to make a copy application. But atleast from 19.12.2019, the date on which a certified copy was admittedly received by the counsel for the Appellants, the period of limitation cannot be stopped from running.


Civil Appeal Nos. 3007-3008 of 2020

Decided On: 18.09.2020


Leave a Reply

Latest Updates

Economist Roubini believes Truss’s policy will lead to the need to ask for help from the IMF

New York University economics professor Nouriel Roubini said on Twitter that the economic policy of the new British Prime Minister Liz Truss will lead to the need to ask for help from the International Monetary Fund. “The UK is starting to have an appreciation as an emerging market. We go back to the 1970s. Stagflation […]

Read More
Latest Updates LexCliq Services Webinars

Quantum Keto Gummies—Price “REVIEWS”,Price & Trial Of Quantum Keto Gummies?

Quantum Keto Gummies ✅ Body switches to ketosis fast ✅ Burns fat instead of carbs ✅ Natural ingredients ✅ No side effects ⭐⭐⭐⭐⭐ Check Price Quantum Keto Gummies:- The weight reduction chewy candies additionally give other wellbeing benefits, for example, improving both physical and profound prosperity. To help individuals in quickly accomplishing their weight decrease […]

Read More
Trim Drops Keto Gummies
Advocates Articles Events Latest Updates LexCliq Services

Trim Drops Keto + ACV Gummies Reviews (WARNING) You Must Read How To USE 2022

➢ Organization — Natural Organic Compound ➢ Aftereffects — NA ➢ Rating: — ⭐⭐⭐⭐⭐ ➢ Accessibility — Online ➢ Where to Buy – Click Here to Rush Now ➺➺➺Click Here To Visit the Official Website  📣𝗦𝗮𝗹𝗲 𝗶𝘀 𝗟𝗶𝘃𝗲 𝗡𝗼𝘄  👉 Click Here💲PAY SMALL 𝐒𝐇𝐈𝐏𝐏𝐈𝐍𝐆 𝐅𝐄𝐄 𝐎𝐍𝐋𝐘!!  ✅Enjoy Your 𝐅𝐑𝐄𝐄 𝐓𝐑𝐈𝐀𝐋 Bottle!! Numerous people figure we should surrender our #1 food varieties and desserts to diminish weight. For most weight […]

Read More