Re: WHETHER FREE CERTIFIED COPY AS WELL AS THE CERTIFIED COPY WHICH IS APPLIED FOR ON PAYMENT OF FEES WILL STAND ON THE SAME FOOTING?

[R V Seckar]

On Mon, Oct 21, 2024 at 12:50 PM R.V. SECKAR via LinkedIn <newslette...@linkedin.com> wrote:

Supreme Court held in STATE BANK OF INDIA (APPELLANT) VERSUS INDIA POWER…

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UPDATES ON CORPORATE LAWS Key Changes in the Amendment 1. Substitution of Form MGT-6 -Declaration of Beneficial Interest WHETHER FREE CERTIFIED COPY AS WELL AS THE CERTIFIED COPY WHICH IS APPLIED FOR ON PAYMENT OF FEES WILL STAND ON THE SAME… R.V. SECKAR Read this article on LinkedIn to join the conversation Read on LinkedIn Supreme Court held in STATE BANK OF INDIA (APPELLANT) VERSUS INDIA POWER CORPORATION LIMITED (RESPONDENT) that FREE CERTIFIED COPY AS WELL AS THE CERTIFIED COPY WHICH IS APPLIED FOR ON PAYMENT OF FEES  WILL STAND ON THE SAME FOOTING. RULE 50 OF THE NCLT RULES Rule 50 of the NCLT Rules prescribes that the Registry shall send a certified copy of the final order free of cost and certified copies may be made available on payment of costs in terms of the Schedule of Fees in all other cases. Both the certified copy which is made available free of cost as well as the certified copy which is made available on the payment of costs, are treated as certified copies for the purpose of Rule 50. APPEAL IS TO BE MADE WITH A CERTIFIED COPY OF THE IMPUGNED ORDER. Hon’ble Supreme Court observed that Rule 22(2) of the NCLAT Rules requires that every appeal shall be accompanied by a certified copy of the impugned order. A LITIGANT CANNOT OBVIATE THE BAR OF LIMITATION A litigant who does not apply for a certified copy cannot then fall back and claim that he was awaiting the grant of a free copy to obviate the bar of limitation. This was the position in the decision of this Court in V Nagarajan Vs. SKS Ispat and Power Limited & Or (2022) 2 SCC 244. DECISION OF THE SUPREME COURT The Apex Court held that provisions of Rule 50 of the NCLT Rules place both the free certified copy as well as the certified copy which is applied for on payment of fees on the same footing. The appeal in the present case was filed within the condonable period of 15 days, which should have been condoned. R V Seckar , Practicing Company Secretary 79047 19295 rvsek...@gmail.com Join the conversation

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CS R.V.Seckar

JIO- 79047 19295