Condonation of 17-Day Delay Exceeds 15-Day Limit u/s 61(2) of IBC: NCLAT Rejects Appeal [Read Order]
Since the appeal was filed on 09.06.2025, beyond the permissible period, the application for condonation of delay and the memo of appeal were dismissed.
![Condonation of 17-Day Delay Exceeds 15-Day Limit u/s 61(2) of IBC: NCLAT Rejects Appeal [Read Order]](https://images.taxscan.in/h-upload/2025/09/28/2091869-condonation-day-delay-exceeds-us-612-ibc-nclat-rejects-appeal-taxscan.webp "Condonation of 17-Day Delay Exceeds 15-Day Limit u/s 61(2) of IBC: NCLAT Rejects Appeal [Read Order]")
The Delhi Bench of National Company LawAppellate Tribunal ( NCLAT ) rejected the appeal as the 17-day delay in filing exceeded the 15-day limit under Section 61(2) of the Insolvency and Bankruptcy Code, 2016.
Alpesh Vasudev Gandhi,appellant, through his counsel, stated that the order was uploaded on 22.04.2025 and he had requested the certified copy on 23.04.2025, which he received on 24.04.2025. He argued that the limitation period should begin from 25.04.2025, and the appeal was filed within 15 days after the expiry of the 30-day period.
The respondent counsel, opposing the appellant’s claim, stated that the order had been pronounced in open court on 21.04.2025, and the limitation period therefore started on 22.04.2025. He added that the appellant had applied for the certified copy on 23.04.2025 and received it on 24.04.2025, allowing exclusion of only two days while the copy was being prepared.
The two member bench comprising Justice Ashok Bhushan (Chairperson) and Barun Mitra (Technical Member) noted that the impugned order had been pronounced in open court, making the date of uploading irrelevant for limitation purposes. The appellant was allowed a two-day exclusion while the certified copy was being prepared.
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Since the order was passed on 21.04.2025, the 30-day period expired on 21.05.2025, and the 15-day period thereafter ended on 05.06.2025. With the two-day benefit, the appeal should have been filed by 07.06.2025. As it was filed on 09.06.2025, there was a delay of 17 days, exceeding the permissible limit.
The tribunal concluded that its power to condone delay under Section 61(2) proviso was limited to 15 days and could not cover the 17-day delay. The application for condonation was rejected, and the memo of appeal was also rejected.
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