O R D E R

(Hybrid Mode)

Per: Barun Mitra, Member (Technical)

1.Present is an appeal which has been filed by the Applicant under Section 61 of the Insolvency and Bankruptcy Code, 2016, (‘IBC’ in short) challenging the impugned order dated 08.12.2025 passed by the Adjudicating Authority (National Company Law Tribunal, Mumbai Bench, Court-III) in I.A. No. 2168 of 2025 in C.P. (IB) No. 1068/MB/2023. The appeal is accompanied with an application praying for condonation of delay in filing of the appeal.

2. Company Appeal No. 330 of 2026 has been e-filed by the Appellant before this Tribunal challenging the impugned order. The appeal is accompanied with I.A. No. 1245 of 2026 which is an application praying for condonation of delay in filing of the appeal. The prayers contained in the said application read as follows:

“a. Pass an Order condoning the delay of 14 days in filing the present Appeal against the Impugned Order dated 08.12.2025 passed in I.A. No. 2168 of 2025 in C.P. (IB) No. 1068/MB/2023 by the Hon’ble National Company Law Tribunal, Mumbai Bench, Court-III;

b. Pass such other order(s) as this Hon’ble Tribunal may deem fit and proper in the facts and circumstances of the present case.”

3. In terms of the statutory provision of IBC, the limitation period for filing an appeal under Section 61(2) of the IBC is 30 days, which period is further extendable by 15 days subject to the Tribunal being satisfied that there was sufficient cause for not filing the appeal within the 30 days permissible period of limitation. Section 61(2) is extracted below:

“61. Appeals and Appellate Authority.

(2) Every appeal under sub-section (1) shall be filed within thirty days before the National Company Law Appellate Tribunal:

Provided that the National Company Law Appellate Tribunal may allow an appeal to be filed after the expiry of the said period of thirty days if it is satisfied that there was sufficient cause for not filing the appeal but such period shall not exceed fifteen days.”

4. When we examine the sequential step in filing the present Appeal, we find that the impugned order was passed on 08.12.2025. Calculated therefrom, the statutory period of 30 days for filing the appeal ended on 07.01.2026. The further condonable period of 15 days expired on 22.01.2026. However, the present appeal came to be e-filed on 28.01.2026, giving rise to a delay beyond the maximum condonable period prescribed under Section 61(2) of the IBC.

5. The grounds for condonation of delay as mentioned in I.A. No. 1245 of 2026 are that the impugned order dated 08.12.2025, though pronounced on the said date was uploaded and made available on the official website of the Adjudicating Authority only on 24.12.2025. It has further been pleaded that after uploading of the impugned order, some time was lost in filing the appeal on account of pre-scheduled professional/personal commitments of the counsel beside limited working days in the last week of December and first week of January. Further time was consumed in taking instructions from the authorised representatives of the Applicant and in obtaining internal approvals/authorisation for filing of the appeal and collating the complete record and annexures for preparation and finalisation of the appeal paper book. Some delay was also due to logistical difficulties as documents had to be sent from Mumbai to New Delhi.

6. More importantly, it was stressed by the Applicant that though they were in state of readiness for filing the appeal on 22.01.2026, however attempts to e-file could not be completed due to the e-filing portal of this Registry being unresponsive/non-functional. This technical glitch aspect has been articulated in para 8 of I.A. No. 1245 of 2026 which reads as under:

“8. Notably, the complete Appeal paper book was ready for filing on 22.01.2026. However, when the Appellant attempted to file the accompanying appeal on 22.01.2026 through the e-filing portal, the said portal was not functioning. As a result, the Appellant was un