Limitation for IBC appeal commences from date of oral pronouncement, not from date of uploading.

The Adjudicating Authority (NCLT, New Delhi) passed an order on 11.06.2025 regarding the restoration of electricity supply to the Corporate Debtor.

The Appellant (Resolution Professional) and his counsel were present in person when the order was pronounced in open court.

The Appellant applied for a certified copy on 28.07.2025, which was delivered on 12.08.2025.

The Appellant e-filed the appeal on 28.08.2025, asserting that the limitation period should commence from 04.07.2025, the date the order was uploaded to the NCLT portal.

The Respondent contended the appeal was delayed by 49 days, exceeding the 15-day condonable limit under Section 61(2) of the IBC.

1. Whether the limitation period for filing an appeal under the IBC commences from the date of pronouncement of the order in open court or from the date the order is uploaded on the portal.

2. Whether the delay in filing the present appeal is within the condonable period prescribed under Section 61 of the IBC.

The court applied Section 61(2) of the Insolvency and Bankruptcy Code, 2016 (IBC), which mandates a 30-day limitation period for appeals, extendable by only 15 days upon showing sufficient cause.

It relied on the precedent in V. Nagarajan v. SKS Ispat & Power Ltd. (2021), which established that limitation commences from the date of pronouncement and that litigants must exercise due diligence by applying for a certified copy immediately.

The court further distinguished Sanjay Pandurang Kalate v. Vistra ITCL (India) Ltd. (2024), noting that uploading dates only trigger limitation when no substantive order is pronounced in open court.

It also referenced A. Rajendra v. Gonugunta Madhusudhan Rao (2025), affirming that limitation starts from the day of pronouncement if the judgment is delivered in open court.

The Tribunal found that the Appellant admitted the order was pronounced in open court on 11.06.2025 in his presence.

Relying on V. Nagarajan, the Tribunal reasoned that the clock for limitation begins at pronouncement, and the "time requisite" for obtaining a copy can only be excluded under Section 12(2) of the Limitation Act if the party applies for the certified copy within the prescribed 30-day period.

The Appellant failed this duty by waiting until 28.07.2025 to apply for a copy, long after the 30-day period expired on 11.07.2025.

The Tribunal rejected the argument that uploading the order on 04.07.2025 arrested the limitation, as the IBC's statutory framework prioritizes the date of knowledge/pronouncement to ensure a timely insolvency process.

The appeal filed on 28.08.2025 was delayed by 49 days, which exceeds the maximum 15-day condonable period provided under Section 61(2) of the IBC.

The Tribunal concluded it has no jurisdiction to condone delays beyond the statutory limit.

Consequently, the application for condonation of delay was rejected, and the Memo of Appeal was dismissed as time-barred.