NCLAT : In National Engineering Industries Ltd. vs. Cimmco Birla Ltd.

The limitation of thirty days has been prescribed under sub-section (2) of Section 61 for preferring an appeal against an order passed by the Adjudicating Authority, including the order passed under section 31(1) of the ‘I&B Code’. The Appellate Tribunal for sufficient cause can condone the delay but such period cannot exceed fifteen days. Therefore, no appeal can be entertained after forty-five days of knowledge of order. The Central Government, thereby cannot grant ninety days’ period to prefer an appeal under section 61(1), which is contrary to Section 61(2) of the ‘I&B Code’.

The NCLAT, having been empowered by the Parliament to hear the appeal under provisions of the Companies Act, 2013, ‘I&B Code, 2016’ and the Competition Act, 2003, the Central Government cannot empower the Appellate Tribunal to hear an appeal pursuant to Notification S.O. 1683(E) dated 24th May, 2017.

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