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CS Professional · Drafting, Pleadings and Appearances · Applications, Petitions and Appeals under Companies Act, 2013

Ashoka Textiles Ltd received on 1 March a copy of an order of the National Company Law Appellate Tribunal (NCLAT) that went against it. The company wants to appeal to the Supreme Court under the Companies Act, 2013. Which statement correctly describes the ground and basic time limit for the appeal?

The appeal lies to the Supreme Court only on a question of law arising out of the NCLAT order, and it must be filed within sixty days from the date the aggrieved person receives the order, not from the date of the order or hearing.

  1. AAppeal on any question of law arising out of the order, within sixty days from the date of receipt of the orderCorrect
  2. BAppeal on any question of fact or law, within thirty days from the date of the order
  3. CAppeal on any question of law, within ninety days from the date of the NCLAT hearing
  4. DAppeal only on questions of fact, within sixty days from the date of the order

Explanation

Section 423 allows a person aggrieved by an order of the Appellate Tribunal to appeal to the Supreme Court on any question of law arising out of the order, within sixty days from the date of receipt of the order. Options with thirty or ninety days, or with questions of fact, misstate the rule.

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