Limitation for IBC appeal commences from open court pronouncement date, not uploading; no Section 12 exclusion if certified copy applied after 30-day limit expires, emphasizing party diligence.

ORDER

(Hybrid Mode)

[ORAL JUDGMENT: Justice Sharad Kumar Sharma, Member (Judicial)] 10.02.2026:

These are two company appeals, and at the stage when we are considering these company appeals, we have been called upon to consider the accompanying Condone Delay Applications, which had been filed in support of the respective Company Appeals.

2. The Company Appeal (AT) (CH) (Ins) No.597/2025 has been preferred by the Appellant by invoking the provisions contained under Section 61 of I & B Code, 2016, being aggrieved against the impugned order of 01.08.2025 that was passed on IA No. 323/2025, as preferred in CP (IB) No. 15/BB/2023, passed by the Ld. NCLT Bengaluru Bench, which had dismissed the said application filed by the Appellant. The said order was delivered in 2 parts, the substantive part of which, as per the Appellant, was uploaded on 26.09.2025.

3. The application thus preferred under Section 35 (1) (n) of the I & B Code, 2016, had sought for a direction to Respondent No. 1 or to any other person claiming through or under them to desist from, in any manner, dealing with the secured assets as detailed in the schedule of properties accompanying the application and to preserve the "status quo" in relation to the property. The Ld. Tribunal, after considering the said application on merits, has observed that the application thus preferred, being IA No. 323/2025, doesn't merit consideration.

4. Similarly, in Company Appeal (AT) (CH) (Ins) No.598/2025, the Appellant challenges the order passed on 01.08.2025 on IA No. 324/2025 in CP (IB) No.15/BB/2023, dismissing the said application. The application, being IA No. 324/2025, contained a prayer, which was identical to the subject matter of consideration of IA No. 323/2025, which is under challenge in Company Appeal (AT) (CH) (Ins) No.597/2025. The Ld. Tribunal, almost for the akin reason, had proceeded to dismiss the said application by the impugned order under challenge. Be that as it may.

5. At this stage, we are not concerned with regards to the merits of the matter, but rather we have been called upon to deal with an issue on the subject of limitation. The Company Appeal (AT) (CH) (Ins) No.597/2025 is accompanied with a Condone Delay Application, being IA No. 1685/2025. The Condone Delay Application, thus preferred by the Appellant, has sought condonation of 12 days of delay. However, the total number of delay as reported by the Registry is 67 days. On the ground that the impugned order was passed on 01.08.2025 and the company appeal was e-filed only on 06.11.2025.

6. The Appellant disputes the computation of the Registry and has contended that, as a matter of fact, there happens to be only 12 days of delay for the reason being that, the impugned order that was passed, was pronounced on 01.08.2025 by the Ld. NCLT, but it was uploaded by the Ld. NCLT on its website only on 26.09.2025. Further, the Appellant had applied for certified copy of the impugned order on 29.09.2025, which was delivered on 06.10.2025. Accordingly, the statutory period of 30 days for filing the appeal as argued by the Ld. Counsel for the Appellant will have to be computed from 26.09.2025, and it will only expire on 26.10.2025. But since 26.10.2025 happens to be a Sunday, the limitation would be deemed to have been extended under Section 4 of the Limitation Act, and therefore the limitation period would be expiring on 27.10.2025. And thus, he has contended that, since the appeal was e-filed on 06.11.2025, the delay of 10 days from 27.10.2025 is within