Case Note & Summary
The National Company Law Appellate Tribunal (NCLAT) addressed the issue of delay in filing appeals by Acrow Realcon Pvt. Ltd. against an order of the National Company Law Tribunal dated 13.02.2026. The appeals were e-filed on 30.03.2026, which was the 45th day after the impugned order, and the Appellants sought condonation of a 15-day delay. The Respondent objected, arguing that the e-filing at 9 P.M. on 30.03.2026 should be treated as filed on the next working day, 31.03.2026, based on the Delhi High Court E-filing Rules. The Tribunal examined the NCLAT Rules, 2016, particularly Rule 22 regarding the presentation of appeals and Rule 103 concerning electronic filing. It noted that the limitation period for filing appeals under Section 61 of the Insolvency and Bankruptcy Code (IBC) could be extended by 15 days if sufficient cause was shown. The Tribunal found that the Appellants provided adequate reasons for the delay, including the complexity of the judgment and the need for internal approvals. Ultimately, the Tribunal held that the appeal was validly filed on 30.03.2026 and allowed the condonation of delay, listing the appeals for hearing on 10.07.2026.
Headnote
A) Limitation Law - Condonation of Delay - Justifiable Delay - Insolvency and Bankruptcy Code, 2016, Section 61 - The Appellant provided sufficient explanation for the 15 days' delay in filing the appeals, which was within the condonable period. The Tribunal held that the delay was justified due to the complexity of the judgment and the need for internal approvals before filing (Paras 25-26). B) E-filing Rules - Computation of Limitation - NCLAT Rules, 2016, Rule 22 - The Tribunal clarified that limitation shall be computed from the date of e-filing, and the appeal filed at 9.00 P.M. on 30.03.2026 was considered valid for that date, not the next working day (Paras 21-22). C) Interpretation of 'Day' - Definition of Day - Insolvency and Bankruptcy Code, 2016, Section 61 - The Tribunal interpreted 'day' as a 24-hour period beginning at midnight, allowing the appeal to be filed until the end of the day (Paras 19-20).
Issue of Consideration
Whether the appeal e-filed by the Appellant on 30.03.2026 at 9.00 P.M. can be treated as filed on that date or the next working day.
Final Decision
The Tribunal allowed the applications for condonation of delay, finding sufficient cause for the 15-day delay in filing the appeals. The appeals were deemed filed on 30.03.2026.
Law Points
- Condonation of delay
- e-filing rules
- limitation period
- interpretation of 'day'
- NCLAT Rules
- 2016
