NATIONAL COMPANY LAW APPELLATE TRIBUNAL, PRINCIPAL BENCH, NEW DELHI I.A. No. 147 of 2026 in Company Appeal (AT) (Insolvency) No. 39 of 2026 IN THE MATTER OF:

Alpesh Vasudev Gandhi …Appellant Versus Vinodkumar S. Shah, Liquidator of Alps Lesuire Holidays Ltd. …Respondent Present:

For Appellant: Mr. Harjot Singh Kassowal, Advocate.

For Respondent: Mr. Pankaj Jain, Mr. Atul Sharma, Mr. Vinod Kumar S. Shah, Mr. Amir Ariswal and Mr. Yash Jariwala, Advocates for R-1.

With I.A. No. 477 of 2026 in Company Appeal (AT) (Insolvency) No.126 of 2026 IN THE MATTER OF:

Alpesh Vasudev Gandhi & Ors. …Appellant Versus Vinodkumar S. Shah Liquidator of Alps Lesuire Holidays Ltd. …Respondent Present:

For Appellants: Mr. Harjot Singh Kassowal, Advocate.

For Respondent: Mr. Vinod Kumar S. Shah, Advocate for R-1.

O R D E R

ASHOK BHUSHAN, J.

These two appeals arises out of the liquidation process of M/s Alps Lesuire Holidays Ltd. Company Appeal (AT) (Ins.) No.39 of 2026 has been Cont’d…/

filed challenging the order dated 22.08.2025 passed in I.A. No.1404 of 2023 filed by the Liquidator, which appeal came to be e-filed on 04.12.2025. There being delay in filing the Appeal, Appellant has filed I.A. No.147 of 2026 praying for condonation of 74 days delay in filing the appal. Company Appeal (AT) (Ins.) No.126 of 2026 has been filed by the Appellant challenging the order dated 10.10.2025 passed by the NCLT, Delhi Bench, Court No.1 in I.A. No.191 of 2020 filed by the Liquidator. Company Appeal (AT) (Ins.) No.126 of 2026 challenging the order dated 10.10.2025 has been e-filed on 02.12.2025. There being delay in filing the appeal, I.A. No.477 of 2026 has been filed praying for condonation of 16 days delay in filing the Appeal. We had issued notice in the Delay Condonation Applications. Learned counsel for the Liquidator has appeared in both the applications.

2. Learned counsel for the Appellant in support of delay condonation applications in Company Appeal (AT) (Ins.) No.39 of 2026 submits that Appellant was in judicial custody from 13.08.2025 to 30.10.2025 pursuant to the conviction order dated 11.03.2020 passed by the 10^th Additional Chief Judicial Magistrate, Rajkot, hence, the Appellant was neither aware of the impugned order nor in a position to apply for its certified copy or seek legal advice. In the application following prayers have been made:

“a. Condone the delay of 74 days in filing the present Appeal for the reason(s) given above; and/or b. Pass such other or further order(s) as this Hon'ble Tribunal may deem fit and proper in the facts and circumstances of the case.”

3. Appellant’s case is that on account of Appellant being in judicial custody, he could apply for certified copy on 16.09.2025 and copy was ready on 16.09.2025. It is submitted that Appellant being in judicial custody in case of conviction under Section 38 of the NI Act, the delay in filing the appeal need to be condoned there being sufficient cause on account of judicial custody.

4. In support of delay condonation application filed in Company Appeal (AT) (Ins.) No.126 of 2026, Appellant’s case is that he was in judicial custody and was released on bail only on 30.10.2025, after which he could applied for certified copy on 14.11.2025 and received the same on 19.11.2025, hence, 6 days exclusion be granted and there is only 16 days delay. Prayers made by the application are as follows:

“a. Condone the delay of 16 days in filing the present Appeal for the reason(s) given above; and/ or b. Pass such other or further order(s) as this Hon'ble Tribunal may deem fit and proper in the facts and circumstances of the case”

5. Learned counsel for the Liquidator opposing the submissions of the Appellant made in the Applications for condonation of delay contends that provision for filing an appeal is only for 30 days as per Section 61(2) of the I&B Code and extended period of only 15 days. The applications filed by the Appellant in support of delay in filing the appeal being beyond permissible period cannot be c