AIROnline 2025 SC 328

Supreme Court Of India

Hon'ble Judge(s): J. B. Pardiwala, R. Mahadevan , JJ

(A) Insolvency and Bankruptcy Code (31 of 2016) , S.61(2)— Limitation Act (36 of 1963) , S.4— Appeal before NCLAT - Delay in filing - Legality of condonation of - Respondent who had filed the appeal, was neither a party to proceedings before NCLT nor privy to CoC deliberations - Company Secretary of Corporate Debtor had duly informed listing departments of both NSE and BSE about NCLT order dated 07.04.2022 within 30 minutes of its pronouncement - Limitation period for filing appeal commenced on 07.04.2022 and expired on 07.05.2022 - 07.05.2022 fell on the first Saturday of the month, which is a working day for Registry of NCLAT - Further, benefit of section 4 of Limitation Act, 1963 could not be granted, as appeal was filed beyond not only prescribed period of 30 days but also the condonable period of 15 days - Rule 3 of NCLAT Rules, 2016 would not apply - Appeal was filed beyond prescribed statutory period - Order condoning delay was erroneous Companies Act (18 of 2013) , S.469— National Company Law Appellate Tribunal Rules (2016) , R.3— AIROnline 2023 SC 1298-FollowedAIROnline 2025 SC 326-Followed (Para 10.4) (B) Insolvency and Bankruptcy Code (31 of 2016) , S.61(2), Proviso— Appeal before NCLAT - Condonation of delay in filing - P....