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Therefore, Limitation period under Section 61 IBC to file appeal runs from the day of pronouncement of order, not date of service of order in contrast to Section 3 Companies Act, wherein limitation starts from the date of service of order upon parties.

The appellant was appointed as its interim resolution professional and resolution professional. After an unsuccessful attempt at resolution, the appellant was appointed as its liquidator on 25 April The appellant instituted proceedings 7 under Sections 43 and 45 of the IBC to avoid preferential and undervalued transactions of the Corporate Debtor in favour of Respondent Nos with respect to a contract dated 15 March No relief was sought against Respondent No The appellant also alleges that these transactions form a part of the ongoing investigation by the Central Bureau of Investigations and the Enforcement Directorate.

Respondent No 10, allegedly at the behest of Respondent No 1, sought to invoke certain bank guarantees issued by the Corporate Debtor for its failure to perform its engineering services. The appellant filed a Miscellaneous Application to resist the invocation of this performance guarantee until the liquidation proceedings are concluded. The appellant has not disputed his presence before the NCLT when this order was pronounced in open court.

However, the uploaded order set out the incorrect name of the Judicial member who had passed the order. The corrected order was uploaded on 20 March Subsequent to the corrected order being uploaded, the appellant claims to have awaited the issue of a free copy and allegedly sought the free copy on 23 March , under the provisions of Section 3 of the Companies Act, 8 read with Rule 50 of the National Company Law Tribunal Rules, 9.

According to the appellant, the free copy has not been issued till date. The appellant has stated that owing to the lockdown on account of the COVID pandemic, the appeal before the NCLAT was filed on 8 June with an application for exemption from filing a certified copy of the order as it had not been issued. It noted that the statutory time limit of thirty days had expired and an application for condonation of delay had not been filed. Rule 22 of the National Company Law Appellate Tribunal Rules 10 provides that every appeal must be accompanied with a certified copy of the impugned order, which had not been annexed in this case.

The NCLAT observed that the appellant had not provided any evidence to prove that a certified or free copy had not been issued to him. In any event, the IBC circumscribes the discretion to condone delays up to fifteen days, which had elapsed in this case. R Subramanian, appearing on behalf of the appellants has urged the following submissions:. The copy of the order was not uploaded until 11 or 12 March Even on 12 March , a defective copy of the order was uploaded with the incorrect bench composition.

The corrected copy was uploaded only on 20 March This Court, in its suo motu order dated 23 March 11 had stopped the clock of limitation with effect from 15 March on account of the COVID pandemic. Therefore, the appeal was de jure filed within three days of the order being received, which is within the thirty day limitation period prescribed under Section 61 of the IBC;. However, Rule 14 of the NCLAT Rules permits a waiver from compliance with any of the rules, which has been usually granted in case of a downloaded online copy, in lieu of a certified copy of the order.

This obviates the need for any party to obtain a certified copy of an order it seeks to impugn by way of an appeal. Therefore, the clock of limitation under Section 61 of the IBC would run from the date the free copy is issued to the party. A three judge bench of this Court in Sagufa Ahmed Upper Assam Plywood Products Pvt Ltd 12 , albeit in the context of a case under the Companies Act, had held that the limitation period would run only from the date on which a copy of the order is made available to the aggrieved party.

Even a delay in applying for a certified copy would not attract the explanation to Section 12 of the Limitation Act when a free copy is statutorily mandated;. The explanation to Section 12 2 of the Limitation Act would not be attracted in cases where a free copy is mandated by the statute and online copies can be used for filing an appeal. The explanation to Section 12 2 of the Limitation Act would apply only where no appeal can be filed without an application for, and furnishing of a certified copy.

In any event, Section 12 2 of the Limitation Act excludes the time taken from the date of order to it becoming available;. In this case, the appellant cannot be expected to file an appeal within 30 days when the order is not available;.

The appellant is protected by the principles of actus curiae neminem gravabit — no person should suffer for an act of Court, especially when INR crores owed to public sector banks is at stake; and.

Furthermore, when an appeal is barred by limitation, the court cannot delve into the merits or set out any findings on merits which has been done in this case. The limitation for challenging the NCLT order dated 31 December expired on 15 February , even after accounting for the fifteen day extension which is granted as a matter of discretion under Section 61 2 ;.

Special Acts override general enactments. A timely application for a certified copy has to be filed;. The time period of limitation can either be calculated from the date of the order, 31 December in this case, or from the date of filing an application for a certified copy of the said order.

In the absence of compliance with either, any appeal will be deemed as barred by limitation;. The appellant did not file for a certified copy of the NCLT order. Yet, the appellant instituted its appeal before the NCLAT on the basis of an online copy without an application seeking exemption from filing a certified copy or an application seeking condonation of delay;. The appellant cannot be allowed to selectively take shelter under one provision;. The IBC and the Arbitration and Conciliation Act, are special enactments which have been typically interpreted with strict limitation periods;.

Sagufa Ahmed supra was in the context of a winding up case which operates in a regime different from the IBC;. No reliefs were sought against Respondent No 10 in the company petition filed by the appellant in respect of an agreement dated 15 March , to which Respondent No 10 is not a party. Therefore, no grounds for interference on merits are established.

The relevant provisions are extracted below and are referred to, in turn. The salient aspects of Section 29 2 of the Limitation Act are three fold- i prescription of a period of limitation under any special law or local law may differ from the period prescribed by the Schedule under the Limitation Act; ii in such a case, the period of limitation prescribed under the special or local law shall be deemed to be period prescribed for the purpose of Section 3 of the Limitation Act; and iii Section 3 of the Limitation Act shall apply accordingly.

This position has also been adopted by a three judge bench of this Court in Kalpraj Dharamshi v. On the other hand, an appeal is a creature of statute and must have the clear authority of law. His right to file an appeal arose from Section 61 of the IBC which is in the following terms:.

Section 61 2 specifically provides for a limitation period of thirty days, which can be extended by a maximum of fifteen days on the demonstration of sufficient cause for the delay. The determination of the present appeal would hinge on two issues: i when will the clock for calculating the limitation period run for appeals filed under the IBC; and ii is the annexing of a certified copy mandatory for an appeal to the NCLAT against an order passed under the IBC.

It has also applied its mind to the aspect that the law is a complete Code and the fact that the intention of such a Code could not have been to give a new lease of life to debts which are time-barred.

This being the position in law, it is clear that when various provisions of the Companies Act were amended by the Eleventh Schedule to the Code, it was unnecessary to apply and adapt Section of the Companies Act to the Code, as was done to various other sections of the Companies Act. Therefore in a field which is not covered by a special law which invests the NCLT with jurisdiction, the general principle for the computation of limitation for filing an appeal against an order of the NCLT is governed by the statutory mandate of Section 3 of the Companies Act read with Rule 50 of the NCLT Rules, which enables a party to compute limitation from the date of receipt of the statutorily mandated free certified copy, without having to file its own application.

The Resolution Professional is responsible for ensuring the timeliness of the process and has to file several forms, as detailed under Regulation 40B, and explain all delays that occur in the intervening period, when filing the final Form H 22 upon submitting a successful resolution plan under Section 30 of the IBC. The decision in Mobilox Innovations supra , took note of this provision and stressed on the importance of timelines in the following terms:.

Recently, a two judge Bench of this Court in Ebix Singapore supra interpreted the legislative background of the IBC, its provisions and subsequent reports from Parliamentary committees to stress on the predictability and timeliness that is woven into the design of the IBC. As noted by this Court in Essar Steel supra , the insolvency regime in India was overhauled after the provisions of SICA, SARFAESI and Recovery of Debts Act, in spite of providing for expeditious determination, were used by defaulting companies to enjoy extended moratorium periods and failure to enforce timelines meant legal proceedings would drag on for years and not result in recovery of stressed assets…….

In identifying the sources of delay, adjudicating mechanisms were identified as one of the two important sources of delay which need to be equipped with the right resources. The kids are going to love helping make these too!

Make up a bunch and have in your car or purse. Happy Holidays! Enter your name and email address and we will send you a link and password for access to your free downloads. Be germ free! Also access our Free Frugal Coupon Living Printables to help you find joy through embracing the chaos of motherhood more easily!

Stay in the know with daily deals, recipes, crafts, life hacks and seasonal content on Frugal Coupon Living. Receive this and more in your inbox. Directions : Pour hot cocoa mix into piping bag, pushing it all the way to the tip. Cut off the top of the piping bag at approximately 2 inches above the top of the hot cocoa.

I have an Ecowater Softener and Filter system. Both units use an incredible amount of water to backwash. I am on a very undependable well and every gallon counts. Can you collect and use backwash water rather than wasting it?

Is the ba. Meanwhile check your water hardness against the water conditioner regen settings to be sure you ar not wasting water unnecessarily.

Karl I've searched our files, and have to say sorry, no. I'm still looking. Often a generic control heat is used and can be identified by photos on this page or by noting label details and stickers on or inside the control head cover of your water softener.

Perhaps you can post some photos to help our research. Also tell me the country and city where the water softener is installed and the age of its building. A water softener control head, in several models over a number of years, the Fleck-Pentair was used on several water softeners sold under various brand names including Elite, Fleck, GE, Kenmore, Pentair. They all work similarly though there are modest control head model variations by age and softener capacity.. Here are 3 type water softener manuals that might help while I continue to look for an exact match for your Elite Softener Manual.

On by mod - user's manual for a water softener labelled: Elite Roland While I did not find an Elite water softener manual that exactly matches your photo, a water softener control head, in several models over a number of years, the Fleck-Pentair was used on several water softeners sold under various brand names including Fleck, Pentair, Elite, Hydrotech; they all will work similarly.

The Elite water softener brand was also used by GE, Sears Kenmore, and by a company Elite who sell softeners that look like yours Here are type water softener manuals that might help while I continue to look for an exact match for your Elite Softener Manual. I am looking for a users manual for a water softener labelled: Elite Thank you. On by mod - users manual for a water softener labelled: Elite Here are 3 type water softener manuals that might help while I continue to look for an exact match for your Elite Softener Manual inspectapedia.

Feb Contact: support softenerparts. I'm trying to find a problem on a control valve. The one side has power to the control valve but the other side don't have any power. Photo above: a "Water Technologies" water softener control board courtesy of reader Matt.

I have a Crown double tan block salt softener. ID N,. Serial number We recently renovated the kitchen and to do so had to disconnect it and then when finished the renovation reconnect it. The plumbing work looks good and the by-pass is closed. The virus has meant the plumber cannot come back immediately. What might the fault be and how can I fix it? Thanks Martyn.

Let's start with the basics - don't take offense, but let's double check that the softener "bypass" valve is in the "service" position. If I'm mistaken we need more details to be sure we're looking at your very water softener and can find and check the correct manual for it.

Generic answer: typically a green button or end of a bypass valve is pushed IN, or a rotating lever is turned so that its arrow points to "Service".

Also one photo per comment if you can post a photo of the softener's ID and data tag that'd help. Conntact: Harveys Water Softeners Website: www. Harvey's non-electric water softener relies simply on the building's water supply pressure to operate.

So there's no electrical power to turn on or off. Below are Harvey's instructions for turning the bypass valve to the "ON" position; you can confirm that your valve is properly set so that the handle is in line with the pipe. Once we're sure the softener is NOT in "bypass" mode, we need to confirm that water is running through it; simple visual inspection of your cold water supply pipes, following from the point of entry at the building, can confirm that probably most-all of your water flows through the softener - so if you have water pressure but no soft water, we then move on to.

The red line inside shows you when to refill or re-order your block salt. If you can see the red line this means it is time to refill the salt in your water softener. Next, if there is a salt block, it's possible that it's stuck in position when it should be settling. If the salt block won't descend, Harvey recommends breaking up any salt fragments or crystals at the bottom of the block:.

They might be stuck or have crystallised. To resolve this, boil a kettle of water and wait 5 - 10 minutes for it to cool it down slightly. Pour about a mugs worth of water around each salt block. Then push any build up down with a plastic or wooden spatula. If there is NO salt in the softener, follow Harvey's salt block replacement instructions illustrated below:. If your softener has salt and is not in bypass mode and has water pressure, try a manual regeneration cycle - initiated by following instructions in the manual under "Manual regeneration" - on the last page in the manual.

If you don't have the manual for your softener you can find a copy at the company's website or from this link:. If you're still stuck with no soft water, because of the COVID pandemic you may not be able to get a quick-response service call on-site, but you should not hesitate to contact the company directly for advice. On - by mod - running a regeneration cycle on your InterCity softener.

A regeneration cycle "cleans" the softener resin of minerals that have bound to the resin beads so that during the brine cycle salt molecules instead coat the resin to permit further water softening salt is swapped into the water and calcium and magnesium are swapped out ; But regen won't clean dirt and silt from the brine tank and if the resin beads are exhausted no longer work the softener won't soften water even though it's been through a regen cycle.

A practical approach would be 1. The control head in your second better photo looks like a generic or Culligan type softener head. You can look through some of the free manual downloads available at this website to find a similar control and you'll see how those settings are made. At least some water softener manuals suggest that the resin be replaced periodically - often more frequently than with which just about any consumer will comply. I just sent a comment in but the picture I sent I think is unclear.

Here is a better picture. The model No. I am wondering how to care and operate this water softener efficiently.

Some have told us the resin needs cleaning periodically. Is there a manual for this or do you have any advice? Sorry we don't have manuals for water softener brands beginning with J. Antonis Keman water softeners, a Chinese product, do have manuals - you might try the manufacturer first I'm also looking further at www.

As a matter of practice I like to keep enough salt in a water softener brine tank that I'm confident the softener won't run out of salt before my next regular inspection date. So, for example if I inspect the softener brine tank once a month, I would fill to at least a bit above one month's usage.

If, for example, your softener is set to pounds of salt per "dose" or per regeneration cycle, and if your softener is set to run a regeneration cycle once a week, and if you are going to inspect your softener once a month, Then you would want to keep at least a bit over pounds of salt in the brine tank.

If you don't already have a manual for your LWTSF - Lakeside Water Treatment industrial series water softener, you can obtain a manual from the company. Above: photo of the control head for the Master Series Water Conditioner. Above: sketch showing the key controls on the control head for the Master Series Water Conditioner.

Trying to understand if I can find any information on May Tech water systems. We have this softener system installed in our house and I can't find any information on it anywhere.. One of our units is leaking and we need to fix it.