Case Note & Summary
The case involved two sets of appellants, Rajiv Ranjan Sharma and Kiran Hariraj Vishwakarma, who filed appeals against an order of the National Company Law Tribunal (NCLT) dated 18 November 2025. The appellants sought to condone a delay of 40 days in filing their appeals, claiming that the delay was due to the late communication of the NCLT's order and the closure of their counsel's office during the holiday season. The appellants argued that they acted with due diligence and that the delay was not intentional. The NCLAT noted that the limitation period for filing the appeal was 30 days from the date of the order, which expired on 18 December 2025, and that the appeals were e-filed on 3 February 2026, exceeding the statutory limits. The court referred to relevant provisions of the Insolvency and Bankruptcy Code, 2016, and the Limitation Act, 1963, emphasizing that the limitation period starts from the date of pronouncement of the order, not from the date of uploading. The NCLAT dismissed the delay condonation applications, stating that the appellants did not take timely action to secure a certified copy of the order, which is necessary for the computation of limitation. Consequently, the appeals were also dismissed as they were filed beyond the permissible period. The decision reinforced the strict adherence to timelines in insolvency proceedings to maintain the integrity of the process.
Headnote
A) Insolvency Law - Delay Condonation - Jurisdiction of NCLAT - Appeals filed beyond statutory limits - Insolvency and Bankruptcy Code, 2016, Section 61 - The NCLAT held that the delay in filing appeals was beyond the permissible period, and thus, the applications for condonation were not maintainable. The appeals were dismissed as the appellants failed to demonstrate sufficient cause for the delay (Paras 17-18).
Issue of Consideration
Whether the delay in filing the appeals can be condoned despite being beyond the statutory limits.
Final Decision
The NCLAT dismissed the delay condonation applications as not maintainable due to exceeding the statutory limits for filing appeals. Consequently, the appeals were also dismissed.
Law Points
- Limitation period
- Delay condonation
- Insolvency appeals
- NCLAT jurisdiction
- Certified copy requirement
Case Details
2026 LawText (NCLAT) (09) 67
CA (AT) (Ins) No. 1458 of 2026, CA (AT) (Ins) No. 1459 of 2026
Justice Mohd. Faiz Alam Khan, Naresh Salecha
Mr. Nipun Gautam, Mr. Darpan Jain, Ms. Komal Abroi
Rajiv Ranjan Sharma, Kiran Hariraj Vishwakarma
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Nature of Litigation
Appeal against the order of the National Company Law Tribunal regarding delay in filing appeals.
Remedy Sought
Condonation of delay in filing appeals against the NCLT order.
Filing Reason
Delay due to late communication of the NCLT order and closure of counsel's office.
Previous Decisions
NCLT order dated 18 November 2025 was pronounced in open court.
Issues
Whether the delay in filing the appeals can be condoned despite being beyond the statutory limits.
Whether the appellants acted with due diligence in filing the appeals.
Submissions/Arguments
Appellants argued that the delay was not intentional and was due to circumstances beyond their control.
Respondent was not represented in the proceedings.
Ratio Decidendi
The limitation period for filing appeals under Section 61 of the IBC starts from the date of pronouncement of the order, not from the date of uploading. The NCLAT has no jurisdiction to condone delays beyond the statutory limits.
Judgment Excerpts
The delay which has occurred in filing the appeal is not intentional and has occurred due to the reasons which were not under the control of the Appellants.
The period of limitation for filing the appeals under Section 61(1) against the orders of the NCLT dated 18 November 2025, expired on 18 December 2025.
The appeals were filed on 3 February 2026, beyond the stipulated 45 days.
Thus, the above applications moved by the appellant to condone the delay of 45 days appears to be not maintainable and are dismissed as such.
Procedural History
The appellants filed delay condonation applications IA No. 5636 and IA No. 5639 in CA (AT) (Ins) No. 1458 and CA (AT) (Ins) No. 1459 respectively, seeking to condone a delay of 40 days in filing appeals against the NCLT order dated 18 November 2025. The appeals were e-filed on 3 February 2026.
Acts & Sections
- Insolvency and Bankruptcy Code, 2016: Section 61
- Limitation Act, 1963: Section 12
- NCLAT Rules, 2016: Rule 3, Rule 22(2), Rule 14
