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

The NCLAT dismissed an appeal filed by Kaveri Textiles Ltd. A copy of the NCLAT order was received by the company on 10 March. The company wishes to challenge the order before the Supreme Court on a substantial question of law. Under the Companies Act, 2013, what is the ordinary period for filing the appeal?

The appeal lies within sixty days from the date the aggrieved person receives the NCLAT order. Section 423 counts time from receipt, not from pronouncement, so Kaveri Textiles has sixty days from 10 March, with a limited condonation possible for sufficient cause.

  1. AThirty days from the date of the NCLAT order
  2. BSixty days from the date of receipt of the order by the aggrieved personCorrect
  3. CNinety days from the date of the NCLAT order
  4. DForty-five days from the date of receipt of the order

Explanation

Section 423 allows an appeal to the Supreme Court within sixty days from the date of receipt of the NCLAT order by the aggrieved person. The period runs from receipt, not from the date the order was pronounced. Thirty and ninety days are not the statutory periods.

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