Limitation for IBC appeal under Section 61 commences from NCLT order's open court pronouncement date in parties' presence, not portal upload; delay beyond 45 days non-condonable regardless of certified copy or CoC delays.

ORDER

Ashok Bhushan, J.

This is an application filed by the Appellant praying for condonation of delay in filing the appeal. Brief facts giving rise to this appeal and condonation of delay application need to be noted first.

(i) The Adjudicating Authority (National Company Law Tribunal) New Delhi Bench, Court – II passed an order on 11.06.2025 in I.A. No. 4942 of 2024 filed by the Appellant. On the date when order was passed both counsel for the Applicant as well as Applicant in person were present. Cont’d…/

(ii) Appellant also applied for certified copy of the impugned order on 28.07.2025. The certified copy was ready on 08.08.2025 which was delivered on 12.08.2025.

(iii) Appellant challenging order e-filed this appeal on 28.08.2025.

2. In the application for condonation for delay notices were issued and time was allowed to file reply. Reply has been filed by the Respondent No.1 to which a rejoinder has also been filed by the Appellant. In the reply, the Respondent has come up with the case that order dated 11.06.2025 was pronounced by the Tribunal in open court in presence of the Appellant and his counsel. The present appeal has been filed on 28.08.2025, which is much beyond period of limitation. The outer limit of condonable period being 15 days, the appeal, having been filed with delay of 49 days beyond statutory period, is barred by time and deserves to be rejected.

3. We have heard Shri Karan Gandhi, learned counsel for the Appellant/Applicant and Shri Sonam Anand, learned counsel appearing for the Respondent.

4. Learned counsel for the Applicant submits that the case was listed in the cause list not for pronouncement of order. Although the order was passed in the open court but the order attained finality only on its uploading on 04.07.2025 on the NCLT portal. The impugned order having been uploaded on the NCLT portal on 04.07.2025, the limitation shall begin from the said date and Applicant having been applied for certified copy of the order on 28.07.2025, time from 28.07.2025 till 08.08.2025 when copy was prepared need to be excluded and after excluding the said period, the delay in filing the appeal is only 14 days, which is within the condonable period. It is submitted that in the present case limitation shall commence from 04.07.2025 when the order was uploaded. It is submitted that the Appellant convened 39^th meeting of the CoC to place the matter for discussion. It is submitted that delay in filing the appeal being within condonable period and there being sufficient cause, the said delay be condoned.

5. Learned counsel appearing for the Respondent refuting the submissions of learned counsel for the Appellant submits that in the present case the order was pronounced on 11.06.2025 itself by the Court and when the order was pronounced both Appellant and his counsel were present. Limitation for filing the appeal shall commence from date of pronouncement by excluding 11.06.2025, Appeal having been filed on 28.08.2025, there is delay of 49 days. In the present case, the Appellant’s submission that limitation for filing the appeal shall commence w.e.f. 04.07.2025 when the order was uploaded on the portal is incorrect. Present is the case where order was pronounced in the open court after hearing the parties. Appellant’s submission of shifting the period of limitation to subsequent event is wholly impermissible.

6. Learned counsel for the Appellant in support of his submission has placed reliance on judgment of the Hon’ble Supreme Court in “A Rajendra vs. Gonugunta Madhusudhan Rao & Ors., (2025) 6 SCC 618”, “Sanket Kuma