US Constitution Trumps Presidential Tariff Powers
28 Feb 2026
Non-Compliance with Court Summons Amounts to Contempt: Allahabad HC Issues Warrant Against HDFC Life Branch Head in Cheating Bail Case
02 Mar 2026
Bank Can Adjust OTS Deposit on Borrower Default, No Cheating u/s 420 IPC: Delhi High Court
02 Mar 2026
Divij Kumar Quits CMS INDUSLAW for Independent Practice
03 Mar 2026
Global Lawyers Debate AI Liability in Autonomous Vehicles
03 Mar 2026
CCPA Fines Startup ₹8 Lakh for False Child Growth Claims
05 Mar 2026
Madras High Court Scoffs at Police Custody Injury Claim
05 Mar 2026
India's Criminal Investigations Face Systemic Conviction Crisis
05 Mar 2026
Kerala HC Slams TDB Financial Discipline in Ayyappa Conclave, Orders Auditor Report on Past Anomalies: High Court of Kerala
06 Mar 2026
Back
Next 
NATIONAL COMPANY LAW APPELLATE TRIBUNAL
ASHOK BHUSHAN, J
Sumit Singh Basisth & Anr. – Appellant
Versus
Sare Gurugram Pvt. Ltd. & Anr. – Respondent
Headnote: Read headnote
JUDGMENT
ASHOK BHUSHAN, J.
1. I.A. No. 808 of 2024 and I.A. No. 1251 of 2024 have been filed praying for condonation of delay in filing these two Appeals.
2. Company Appeal (AT) Ins. No. 138 of 2024 has been filed challenging the Order passed by the NCLT, Principal Bench, New Delhi dated 24th April, 2023 in I.A. No. 702/PB/2022 by which order, the Adjudicating Authority has approved the Resolution Plan of the Corporate Debtor-Sare Gurugram Pvt. Ltd. This Appeal has been e-filed on 25th January, 2024, there being delay in filing the Appeal, I.A. No. 808 of 2024 has been filed.
3. Company Appeal (AT) Ins. No. 367 of 2024 has been filed challenging the Order passed by the NCLT, Principal Bench, New Delhi dated 24th April, 2023
Delay in filing an appeal under the IBC cannot be excused based on lack of knowledge regarding the proceedings; Limitation must be strictly construed.
The IBC mandates strict adherence to limitation periods for appeals, emphasizing timely resolution in insolvency proceedings.
The NCLAT cannot condone delays beyond the statutory maximum of 45 days under the IBC, emphasizing strict adherence to limitation periods in insolvency processes.
The limitation for filing an appeal begins upon the pronouncement of the order and not its publication, making delays uncondonable if not filed timely.
(1) Appeal – Period of limitation – Any party which is aggrieved by decision of NCLT can file appeal before NCLAT – Statutory time limit of 30 days within which appeal can be preferred, is extendable....
The main legal point established in the judgment is the importance of clarity and consistency in administrative guidance, particularly regarding the computation of limitation for filing an appeal. Th....
Appeal – Limitation stops running on e-filing of appeal before NCLAT and not on presentation of physical copy – Date on which limitation begins to run is intrinsically linked to date of pronouncement....
The principle that the law of limitation must be strictly adhered to, and that the burden of proving sufficient cause for condonation of delay lies with the appellant, is crucial in ensuring timely j....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
Listen Article