Facts
The Appellant, a personal guarantor for the Corporate Debtor (M/s. MBS Impex Pvt. Ltd.), challenged an order dated 08.05.2025 passed by the Adjudicating Authority (NCLT, Hyderabad), which appointed a Bankruptcy Trustee
Source reference: p. 2The Appellant filed the appeal on 07.07.2025, along with an application (IA No. 1106/2025) to condone a self-calculated delay of 15 days
Source reference: p. 2-3The Appellant contended that he only learned of the order on 16.05.2025 and was hindered by the NCLT summer vacation (10.05.2025 to 25.05.2025) and technical glitches on the BharatKosh portal, which delayed his application for a certified copy until 09.06.2025
Source reference: p. 3The Respondents opposed the condonation, arguing that the Appellant was a party to the original proceedings and that the Registry remained functional during the vacation
Source reference: p. 4Issues
1. Whether the summer vacation period of the NCLT can be excluded from the 30-day limitation period under Section 61(2) of the IBC?
Source reference: p. 3, 62. Whether the limitation period for filing an appeal commences from the date of pronouncement or the date of knowledge of the order?
Source reference: p. 63. Whether the Appellate Tribunal has the jurisdiction to condone a delay exceeding 15 days beyond the initial 30-day limitation?
Source reference: p. 7Law Applied
Section 61(2) of the Insolvency and Bankruptcy Code (IBC), 2016, which mandates a 30-day limitation period for appeals, extendable by a maximum of 15 days only upon showing "sufficient cause"
Source reference: p. 3, 5Rule 3 of the NCLAT Rules, 2016, and Section 4 of the Limitation Act, 1963, which permit the exclusion of closure periods only if the limitation period expires while the Tribunal is closed
Source reference: p. 3, 6The court applied the precedent established in V. Nagarajan v. SKS Ispat Power, which clarifies that limitation runs from the date of pronouncement and emphasizes the necessity of diligence in applying for certified copies
Source reference: p. 7Reasoning
The Tribunal rejected the Appellant's calculation of delay.
Source reference: p. 5It noted that since the impugned order was pronounced on 08.05.2025, the 30-day limitation ended on 06.06.2025, and the maximum condonable 15-day period ended on 21.06.2025
Source reference: p. 5The Tribunal observed that Rule 3 of the NCLAT Rules and Section 4 of the Limitation Act did not apply because the Tribunal was functional well before the expiry of the limitation on 06.06.2025
Source reference: p. 6The Appellant’s plea regarding the "date of knowledge" was dismissed because he was a contesting party to the proceedings; thus, limitation commenced upon pronouncement
Source reference: p. 6The Tribunal further found a lack of diligence, as the Appellant failed to apply for a certified copy until after the 30-day period had already lapsed
Source reference: p. 6-7Ultimately, the Tribunal determined the actual delay to be 32 days, which exceeds its statutory power to condone
Source reference: p. 7Holding
The Tribunal held that the delay was 32 days, not 15, and emphasized that it lacks the authority to condone any delay exceeding the 15-day grace period provided under the proviso to Section 61(2) of the IBC
Consequently, IA No. 1106/2025 for condonation of delay was rejected, and the Company Appeal (AT) (CH) (Ins) No. 371/2025 was dismissed as barred by limitation
Source reference: p. 7All pending interlocutory applications were closed
Source reference: p. 7Original Court PDF
Shri Anurag GuptavsRare Asset Reconstruction Limited & Ors.
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