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CS Professional · Insolvency and Bankruptcy - Law and Practice · Adjudication and Appeals for Corporate Persons

Under section 61 read with section 238A, which statement about appeals to the NCLAT is correct?

The Limitation Act, 1963 applies, as far as may be, to appeals before the NCLAT. Section 238A expressly extends it to the Adjudicating Authority, NCLAT, DRT and DRAT, alongside the specific 30-day period and 15-day proviso in section 61(2).

  1. AThe Limitation Act, 1963 has no application to NCLAT appeals under the Code
  2. BThe Limitation Act, 1963 applies as far as may be to appeals before the NCLATCorrect
  3. CThe Limitation Act applies only to proceedings before the NCLT, not the NCLAT
  4. DSection 61 appeals can be filed only by the corporate debtor

Explanation

Section 238A states that the Limitation Act, 1963 applies, as far as may be, to proceedings or appeals before the Adjudicating Authority, NCLAT, DRT or DRAT. Section 61(1) allows any aggrieved person, not just the corporate debtor, to appeal.

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