Case Note & Summary
The appeal was filed by Excel Arcade Private Limited challenging an order passed by the National Company Law Tribunal, Mumbai, regarding insolvency proceedings. The impugned order was pronounced on December 8, 2025, and the appeal was e-filed on January 28, 2026, which was beyond the statutory limitation period of 45 days as prescribed under Section 61 of the Insolvency and Bankruptcy Code, 2016. The Applicant sought condonation of the delay citing reasons such as the order being uploaded late and technical issues with the e-filing portal. The Respondent opposed the application, arguing that the limitation period starts from the date of the order and not from when the Applicant became aware of it. The Tribunal analyzed the arguments and referenced several Supreme Court judgments, concluding that the limitation period is strictly enforced and cannot be extended beyond the statutory limits. The Tribunal found that the appeal was filed beyond the permissible period and dismissed the application for condonation of delay, thereby rejecting the appeal. The decision emphasized the importance of adhering to statutory timelines in insolvency proceedings.
Headnote
A) Insolvency Law - Limitation Period - Computation of Limitation - Insolvency and Bankruptcy Code, 2016, Section 61(2) - The limitation for filing an appeal under the IBC commences from the date of pronouncement of the order, not from the date of knowledge or upload. The Tribunal held that the appeal was filed beyond the statutory outer limit of 45 days, thus lacking jurisdiction to condone the delay (Paras 11-24).
Issue of Consideration
Whether the limitation for filing the appeal under Section 61 of the Insolvency and Bankruptcy Code is to be computed from the date of the impugned order or from the date on which the impugned order became available to the Applicant.
Final Decision
The Tribunal dismissed the application for condonation of delay and rejected the appeal, stating that it was filed beyond the statutory outer limit of 45 days as prescribed under Section 61(2) of the IBC.
Law Points
- Insolvency and Bankruptcy Code
- limitation period
- condonation of delay
- technical glitches
- statutory provisions
Case Details
2026 LawText (NCLAT) (05) 99
I.A. No. 1245 of 2026 in Comp. App. (AT) (Ins) No. 330 of 2026
Justice Ashok Bhushan, Mr. Barun Mitra
Mr. Gaurav Mitra, Ms. Neeha Nagpal, Ms. Disha Shah, Ms. Aishwarya Modi, Mr. Ajatshatru Singh Rawat, Mr. Atul Sharma, Ms. Renuka Iyer, Mr. Aman Agarwal
Excel Arcade Private Limited
Unity Small Finance Bank Limited
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Nature of Litigation
Appeal against an order of the National Company Law Tribunal regarding insolvency proceedings.
Remedy Sought
Excel Arcade Private Limited sought to condone the delay in filing the appeal.
Filing Reason
Delay attributed to late upload of the order and technical issues with the e-filing portal.
Previous Decisions
The impugned order was pronounced on December 8, 2025, and the appeal was filed on January 28, 2026.
Issues
Whether the limitation for filing the appeal under Section 61 of the IBC is to be computed from the date of the impugned order or from the date on which the impugned order became available to the Applicant.
Whether the alleged technical glitch in the NCLAT e-filing portal constitutes a valid ground for condonation of delay.
Submissions/Arguments
The Applicant argued that the limitation should start from the date the order was uploaded and cited technical issues with the e-filing portal.
The Respondent contended that the limitation period starts from the date of the impugned order and that technical issues cannot justify the delay.
Ratio Decidendi
The limitation for filing an appeal under the Insolvency and Bankruptcy Code commences from the date of pronouncement of the order, and the Tribunal lacks jurisdiction to condone delays beyond the statutory limits.
Judgment Excerpts
The limitation for filing an appeal under the IBC commences from the date of pronouncement of the order, not from the date of knowledge or upload.
The appeal was filed beyond the statutory outer limit of 45 days, thus lacking jurisdiction to condone the delay.
The Tribunal cannot exceed the statutory limit of 15 days condonable period beyond the initial 30-day period.
Procedural History
The appeal was filed challenging the order of the National Company Law Tribunal, accompanied by an application for condonation of delay due to various reasons including technical issues.
Acts & Sections
- Insolvency and Bankruptcy Code, 2016: Section 61
