Case Note & Summary
The case involved an application for condonation of delay in filing an appeal against an order approving a resolution plan for a corporate debtor. The appellant, an operational creditor, was not part of the proceedings and became aware of the order only after receiving communication from the Resolution Professional on 04.11.2025. The order was dictated on 06.10.2025 but was uploaded on 28.10.2025. The appellant argued that the delay in filing the appeal was within the condonable period of 15 days from the upload date. The respondents contended that the limitation should be counted from the date of the order, asserting that the appeal filed on 11.12.2025 was beyond the condonable period. The court examined the submissions and referenced a Supreme Court judgment which emphasized the necessity of applying for a certified copy of the order. However, it noted that an application for exemption from this requirement could be entertained. The court ultimately found that the appellant was entitled to the benefit of the Supreme Court's ruling, allowing the delay condonation application and permitting the appeal to proceed without the certified copy, provided it was submitted within two weeks. The appeal was scheduled for a hearing on 10th July 2026.
Headnote
A) Insolvency Law - Delay Condonation - Computation of Limitation Period - Insolvency and Bankruptcy Code, 2016, Section 61(2) - The court considered whether the limitation period for filing an appeal should be computed from the date of the order or the date of its upload. It held that the appellant was entitled to compute the delay from the upload date, allowing the delay condonation application (Paras 18-20).
Issue of Consideration
Whether the delay in filing the appeal was within the condonable period as per the Insolvency and Bankruptcy Code, 2016.
Final Decision
The delay condonation application was allowed, and the appeal was entertained without the certified copy of the order, with a direction to submit it within two weeks.
Law Points
- Delay condonation
- Limitation period
- Certified copy requirement
- Insolvency and Bankruptcy Code
- 2016
- NCLT Rules
- Supreme Court precedents
