SC – Free certified copy of final order to be treated at par with one obtained by payment

Recently, the Supreme Court of India (Supreme Court) in State Bank of India v. India Power Cooperation Ltd. clarified that a certified copy of final order obtained by payment of cost is at par with a certified copy obtained free of cost.  

Initially, SBI filed a petition to initiate corporate insolvency resolution process (CIRP) against India Power Cooperation Ltd. However, the same was rejected by the National Company Law Tribunal (NCLT) by an order dated 30 October 2024. As per the NCLT Rules, a certified copy of the order dated 30 October 2024 was provided free of cost to SBI on 14 November 2024. Accordingly, SBI filed an appeal against it on 02 December 2024 before the National Company Law Appellate Tribunal (NCLAT). While the appeal filed by SBI was beyond the prescribed period of limitation of 30 days, SBI submitted that the free certified copy was provided only on 14 November 2024. Accordingly, the 3-day delay in filing the appeal must be condoned. However, the Judicial Member and Technical Member of the NCLAT took divergent views and the matter was referred to a third member. The third member of the NCLAT held that the certified copy being free of cost cannot be equated with a certified copy obtained by payment of cost. Accordingly, the delay cannot be condoned on the said ground. 

Being aggrieved by the said decision, SBI preferred an appeal before the Supreme Court. It is pertinent to note that as per NCLAT Rules, “every appeal shall be accompanied by a certified copy of the impugned order” and as per the NCLT Rules, “The Registry shall send a certified copy of final order… free of cost and the certified copies may be made available with cost as per Schedule of fees, in all other cases”. Accordingly, the Supreme Court opined that both the certified copy made available free of cost as well as certified copy made available on payment of cost is to be treated as a certified copy for the purpose of NCLT Rules. On this premise, the delay in filing the appeal by SBI was condoned and it was clarified that a certified copy obtained free of cost is at par with a certified copy obtained by payment of cost. 

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