2026 Supreme(Online)(NCLAT) 577

NATIONAL COMPANY LAW APPELLATE TRIBUNAL
Ashok Bhushan (Chairperson) , Mr. Barun Mitra (Member (Technical)) ,
EXCEL ARCADE PRIVATE LIMITED – Appellant
Versus
UNITY SMALL FINANCE BANK LIMITED – Respondent
1245/ND/2026 IA

Headnote:(A) Insolvency and Bankruptcy Code, 2016 - Section 61(2) - Appeals and Appellate Authority - Limitation - Limitation period for filing an appeal is 30 days, further extendable by 15 days if the Appellate Tribunal is satisfied that there was sufficient cause for not filing the appeal within the 30 days period - The statutory period of 30 days for filing the appeal ended on 07.01.2026 and the further condonable period of 15 days expired on 22.01.2026 - 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. (Paras 3 and 4)

(B) Insolvency and Bankruptcy Code, 2016 - Section 61(2) - Limitation - Computation of limitation - The date on which the limitation begins to run is intrinsically linked to the date of pronouncement of the order, and limitation for filing an appeal commences on the day when the order is pronounced - The question as to when the Applicant came to know about the order is inconsequential and cannot be a good ground for arresting the running of limitation from the date of pronouncement of the order. (Paras 13 and 14)

(C) Insolvency and Bankruptcy Code, 2016 - Section 61(2) - Limitation - Condonation of delay - The NCLAT has no power to condone delay beyond the period stipulated under the statute - Once the prescribed and condonable periods (i.e., 30 + 15 days) expire, the NCLAT has no jurisdiction to entertain appeals, regardless of the reason for the delay - The NCLAT cannot condone any delay beyond 15 days even on equitable grounds - The IBC prescribes strict timelines for filing appeals and taking legal action so as to ensure that insolvency proceedings are not misused to recover time-barred debts. (Paras 20 and 21)

(D) Insolvency and Bankruptcy Code, 2016 - Section 61(2) - Limitation - Technical glitch in e-filing portal - The claim of a technical glitch in the e-filing portal on the last day of the condonable period was not accepted as a ground for condonation of delay beyond the statutory limit, especially when the National Informatics Centre confirmed that the portal was functional on that date and 70 filings had been successfully carried out. (Paras 17 and 18)

Facts of the case:
The Appellant filed an appeal under Section 61 of the IBC challenging an order dated 08.12.2025 passed by the Adjudicating Authority. The appeal was filed beyond the statutory outer limit of 30+15 days prescribed under Section 61(2) of the IBC. The Appellant sought condonation of delay, citing that the impugned order was uploaded only on 24.12.2025 and that they could not e-file the appeal on the 45th day (22.01.2026) due to a technical glitch in the NCLAT e-filing portal. The Respondent opposed the condonation, arguing that limitation commences from the date of pronouncement and that the delay beyond the condonable period cannot be condoned.

Findings of Court:
The appeal was filed beyond the statutory outer limit of 30+15 days prescribed under Section 61(2) of the IBC and is, therefore, statutorily barred. The NCLAT lacks jurisdiction to condone the said delay.

Issues: The main issues were whether the limitation for filing the appeal under Section 61 of the IBC is to be computed from the date of the impugned order or from the date on which the impugned order was uploaded or became available, and whether the alleged technical glitch in the NCLAT e-filing portal on the 45th day constituted a valid ground for condonation of delay.

Ratio Decidendi: The court ruled that the limitation for filing an appeal under Section 61(2) of the IBC commences from the date of pronouncement of the order, and any delay beyond the outer limit of 30+15 days cannot be condoned, even on equitable grounds or due to technical glitches, as the NCLAT being a creature of statute, operates strictly within the powers conferred upon it.

Result: I.A. No. 1245 of 2026 seeking condonation of delay stands dismissed. Consequently, Memo of Appeal also stands rejected. No cost. 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