AIROnline 2025 SC 328

(A) Insolvency and Bankruptcy Code (31 of 2016) , S.61(2)— Limitation Act (36 of 1963) , S.4— Appeal before NCLAT – Delay in filing – Legality of condonation of – Respondent who had filed the appeal, was neither a party to proceedings before NCLT nor privy to CoC deliberations – Company Secretary of Corporate Debtor had duly informed listing departments of both NSE and BSE about NCLT order dated 07.04.2022 within 30 minutes of its pronouncement – Limitation period for filing appeal commenced on 07.04.2022 and expired on 07.05.2022 – 07.05.2022 fell on the first Saturday of the month, which is a working day for Registry of NCLAT – Further, benefit of section 4 of Limitation Act, 1963 could not be granted, as appeal was filed beyond not only prescribed period of 30 days but also the condonable period of 15 days – Rule 3 of NCLAT Rules, 2016 would not apply – Appeal was filed beyond prescribed statutory period – Order condoning delay was erroneous
Companies Act (18 of 2013) , S.469— National Company Law Appellate Tribunal Rules (2016) , R.3— AIROnline 2023 SC 1298-FollowedAIROnline 2025 SC 326-Followed

(Para 10.4)

(B) Insolvency and Bankruptcy Code (31 of 2016) , S.61(2), Proviso— Appeal before NCLAT – Condonation of delay in filing – P….