Case Note & Summary
The case involved an appeal filed by the appellant against a judgment/order dated 24.03.2026 passed by the Adjudicating Authority. The appellant sought to condone a delay of 10 days in filing the appeal, which was later found to be 29 days beyond the stipulated 30 days. The appellant argued that the delay was due to the late uploading of the order on the authority's website and the time taken to obtain a certified copy. The respondents opposed the application, asserting that the limitation period commenced from the date of pronouncement of the order, not from the date of uploading. The court analyzed the provisions of the Insolvency and Bankruptcy Code, 2016, particularly Section 61, and the Indian Limitation Act, 1963, emphasizing that the appellant was required to apply for a certified copy within the limitation period. The court referenced previous judgments to reinforce that the time taken to prepare the order could not be excluded unless the application for a certified copy was made within the prescribed time. Ultimately, the court dismissed the delay condonation application and the appeal, stating that the appellant failed to demonstrate sufficient cause for the delay.
Headnote
A) Limitation Law - Condonation of Delay - Delay in Filing Appeal - Indian Limitation Act, 1963, Section 12 - The appellant sought to condone a delay of 29 days in filing the appeal, claiming non-availability of a certified copy of the order. The court held that the delay was not justifiable as the application for the certified copy was made after the limitation period had expired, thus the delay could not be condoned (Paras 11-15).
Issue of Consideration
Whether the delay of 29 days in filing the appeal can be condoned under the provisions of the Insolvency and Bankruptcy Code, 2016 and the Indian Limitation Act, 1963.
Final Decision
The application for condonation of delay was dismissed, and consequently, the appeal was also dismissed as it was filed beyond the permissible period.
Law Points
- Limitation period
- Condonation of delay
- Certified copy requirement
- Insolvency and Bankruptcy Code
- 2016
- Section 61
- Indian Limitation Act
- 1963
- Section 12
