Judicial custody cannot extend the mandatory fifteen-day limit for condoning delay under Section 61(2) IBC.

The Appellant filed two appeals arising from the liquidation process of M/s Alps Leisure Holidays Ltd.

In Appeal No. 39/2026, the Appellant challenged an order dated 22.08.2025; the appeal was e-filed on 04.12.2025 with a delay of 74 days.

In Appeal No. 126/2026, the Appellant challenged an order dated 10.10.2025; the appeal was e-filed on 02.12.2025 with a delay of 16 days (calculated by the Tribunal as 21 days).

The Appellant sought condonation of delay on the grounds that he was in judicial custody from 13.08.2025 to 30.10.2025 due to a conviction under Section 138 of the Negotiable Instruments Act, which prevented him from obtaining certified copies or seeking legal advice.

1. Whether judicial custody constitutes a valid ground for extending the statutory period of limitation beyond the period prescribed under Section 61(2) of the IBC?

2. Whether the Tribunal has the jurisdiction to condone a delay exceeding 15 days in filing an appeal under the IBC?

The court primarily applied Section 61(2) of the Insolvency and Bankruptcy Code (IBC), 2016, which stipulates that an appeal must be filed within 30 days.

The proviso to Section 61(2) empowers the Tribunal to condone a delay of only up to 15 additional days, provided "sufficient cause" is shown.

The principle that the limitation period commences from the date the order is delivered and cannot be extended by a party’s personal circumstances beyond the statutory maximum.

The Tribunal observed that in Appeal No. 39/2026, the delay of 74 days was significantly beyond the 15-day condonable period permitted by the statute.

Regarding Appeal No. 126/2026, the Tribunal noted that the Appellant applied for a certified copy on 14.11.2025, which was already beyond the initial 30-day window from the order date (10.10.2025); consequently, the Appellant was not entitled to exclude the time taken for preparation of the copy, making the total delay 21 days.

The Tribunal held that while judicial custody might explain a delay, it does not stop the limitation clock nor does it grant the court power to bypass the 15-day statutory cap.

The Tribunal emphasized that its jurisdiction to condone delay is strictly limited to 15 days under the IBC.

Accordingly, I.A. No. 147 of 2026 and I.A. No. 477 of 2026 (delay condonation applications) were rejected. Consequently, both Memos of Appeal were also rejected as time-barred.