Ashdan Properties Pvt. Ltd. vs DSK Global Education a 2025 INSC 959 - NCLAT Rules - IBC - Certified Copy Of Impugned Order
"An appeal before NCLAT must be accompanied by a certified copy of the order impugned."
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National Company Law Appellate Tribunal Rules, 2016 - Rule 14,22 - IBC- Even if an appeal is entertained within the initial 30 day-period without a certified copy of the order, by granting exemption under Rule 14, it can only be for a limited period to enable due compliance with the mandate of Rule 22(2) by filing a certified copy at least at a later date and within the time stipulated by the NCLAT. Such exemption cannot be to the extent of completely dispensing with the filing of a certified copy, which would annihilate the clear mandate of Rule 22(2) of the NCLAT Rules which categorically uses the word ‘shall’ to emphasize that an appeal must be accompanied by a certified copy of the order impugned. (Para 11)
Case Info
Case Name and Neutral Citation
- Case Name: Ashdan Properties Pvt. Ltd. & Ors. v. DSK Global Education and Research Pvt. Ltd. & Anr.
- Neutral Citation: 2025 INSC 959
Coram
- Justice Sanjay Kumar
- Justice Satish Chandra Sharma
Judgment Date
- August 12, 2025
Caselaws and Citations Referred
- V. Nagarajan v. SKS Ispat & Power Ltd. and others
- Citation: (2022) 2 SCC 244
- Essar Steel (India) Ltd. (CoC) v. Satish Kumar Gupta
- Citation: (2020) 8 SCC 531; (2021) 2 SCC (Civ) 443
- Innoventive Industries Ltd. v. ICICI Bank
- Citation: (2018) 1 SCC 407; (2018) 1 SCC (Civ) 356
- Gujarat Urja Vikas Nigam Ltd. v. Amit Gupta
- Citation: (2021) 7 SCC 209; (2021) 4 SCC (Civ) 1
- A Rajendra vs. Gonugunta Madhusudhan Rao and others
- Citation: 2025 INSC 4479
- Innovators Cleantech Pvt. Ltd. vs. Passari Multi Projects Pvt. Ltd.
- Citation: (2024) ibclaw.in 452 NCLAT
Statutes/Laws Referred
- Insolvency and Bankruptcy Code, 2016 (IBC)
- Section 62 (Appeal to Supreme Court)
- Section 61(2) (Appeal to NCLAT and limitation)
- Section 12(3) (Timeline for completion of insolvency resolution)
- Limitation Act, 1963
- Section 12 (Exclusion of time for obtaining copy of order)
- National Company Law Appellate Tribunal Rules, 2016
- Rule 22(2) (Certified copy requirement)
- Rule 14 (Exemption from compliance)
- Rule 15 (Extension of time)
- Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) Regulations, 2016
- Regulation 40-A (Model timeline for insolvency process)
