The Supreme Court on May 12, 2022 in the case of Safire Technologies Pvt Ltd v. Regional Provident Fund Commissioner reiterates that an appeal against the order of NCLT shall be filed before the NCLAT within a period of 30 days and the appellate tribunal can only condone delay for a period of 15 days.

In the instant matter, the Corporate Insolvency Resolution Process (“CIRP”) of Maruti Koatsu Cylinders Limited was initiated by NCLT Ahmedabad vide its order. The Committee of Creditors approved the resolution plan and the same was approved by NCLT. Regional Provident fund commissioner (“RPFC”) filed its claim with the resolution professional which was not entertained by resolution professional and thereafter an appeal was filed by RPFC against the plan approval order, after a delay of 388 days. The appellant filed a civil appeal before the Supreme Court under Section 62 of Insolvency and Bankruptcy code, 2016 (“IBC”) against the order passed by NCLAT wherein it has issued notice in an appeal even when there was a delay of 388 days in filing the appeal before NCLAT.

The Supreme Court referred to the case of Kalpraj Dharamshi v. Kotak Mahindra Investment bank wherein it was held that an appeal shall be filed before NCLAT within a period of 30 days from the date of order passed by NCLT and held that-

“In view of the aforesaid judgment, we are of the considered view that the Appellate Tribunal committed an error in issuing notice in an appeal that was filed by Respondent No.1 with delay of 388 days”

It was further held that the case relied upon by RPFC pertains to Section 18 of the land acquisition act whereas the case pertains to Limitation prescribed under Section 61 of IBC.