O R D E R

(Hybrid Mode)

Per: Barun Mitra, Member (Technical)

Present are two appeals which have been filed by the Appellants under Section 61 of the Insolvency and Bankruptcy Code, 2016, (‘IBC’ in short) challenging a common impugned order dated 07.10.2025 passed by the Adjudicating Authority (National Company Law Tribunal, Mumbai Bench-II) in Company Appeal No.28 of 2025 (filed under Section 42 of IBC) in CP(IB)/559(MB)2018. Both the Appeals are accompanied by applications praying for condonation of delay in filing of the appeal. We propose to deal with both the delay condonation applications separately.

2. Company Appeal No. 2004 of 2025 has been e-filed by the Appellant- Liquidator before this Tribunal on 29.11.2025. The Appeal has been accompanied with I.A No. 7837 of 2024 which is an application praying for condonation of delay in the filing of the appeal. The prayers contained in I.A No. 7837 of 2024 read as follows:

“15.In view of the aforesaid facts and circumstances, it is therefore prayed that this Hon’ble Appellate Tribunal be pleased to:

a.Allow the present Application and condone the delay of 23 days in filing the present Appeal;

b.Any other reliefs as deemed fit in the facts of case.”

3. At the very outset we take notice that the limitation period for filing an appeal under Section 61(2) of the IBC is 30 days, which period is, however, extendable by a further period of 15 days in the event the Tribunal is 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 look at the present sequence of events, we find that the impugned order having been passed on 07.10.2025, 30 days period for filing the appeal came to an end on 06.11.2025. Calculated forward, the 15 days extendable period came to an end on 21.11.2025. However, the Appeal has been e-filed on 29.11.2025 involving a time-span of 53 days.

5. The ground for delay condonation as mentioned in the I.A No. 7837 of 2024 is that the Appellant acquired knowledge of the impugned order of 07.10.2025 only on 30.10.2025 only as the order was uploaded on the website of the NCLT on 30.10.2025. It is further pleaded that they applied for a certified copy of the impugned order on 31.10.2025 which was made available on 03.11.2025 and hence, relying on Section 12(1) of the Limitation Act, 1963 read with Rule 3 of the National Company Law Appellate Tribunal Rules, 2016, the limitation period from 30.10.2025 until receipt of the certified copy of the impugned order was required to be excluded while computing limitation for filing the appeal under Section 61 of the IBC, 2016. In paragraphs 5, 6,7 and 8 of the said application, following has been pleaded:

“5. The Appellant/Applicant submits that the Impugned Order dated 07.10.2025 passed by the Ld. Adjudicating Authority was uploaded on 30.10.2025. The Appellant Appellant/Applicant applied for a certified copy of the Impugned Order on 31.10.2025 which was made available on 03.11.2025.

6. As per Section 12(1) of the Limitation Act, 1963 read with Rule 3 of the NCLAT Rules, 2016; in the computing the period of limitation, inter alia, for any appeal, the day from which such period is to be reckoned shall be excluded. Hence, considering that the date on which the Impugned Order was uploaded on NCLT website is 30.10.2025, the aforesaid day will be excluded from computation of 30 days’ period for preferring the appeal in terms of Section 61 of IBC.

7. Further, 30 days’ time period computed from 31.10.2025 shall expire on 29