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JC - Legal Updates - Delay beyond 15 days in filing an appeal before NCLAT uncondonable

Legal Updates

17 Sep 2021

Delay beyond 15 days in filing an appeal before NCLAT uncondonable

The Supreme Court in National Spot Exchange Limited vs Mr. Anil Kohli, Resolution Professional of Dunar Foods Limited [Civil Appeal No. 6187 of 2019] has held that the National Company Law Appellate Tribunal (NCLAT) has no powers to condone a delay beyond 15 days in an appeal filed against a decision of the National Company Law Tribunal (NCLT) under section 61(2) of the Insolvency and Bankruptcy Code, 2016 (IBC).

Section 61(2) of the IBC provides that an appeal before NCLAT against any order passed by NCLT must be filed within 30 days. Proviso to Section 61(2) empowers NCLAT to condone a delay, however only of 15 days.

In the present case, the appeal was filed with a delay of 44 days beyond the total permissible period of 45 days as prescribed under section 61(2) of the IBC, hence the appeal was dismissed.

The Supreme Court while dismissing the Appeal, further observed that such a delay cannot be condoned even in exercise of powers under Article 142 of the Constitution.


For any further information, please contact Mr. Shubhabrata Chakraborti (shubhabrata.chakraborti@jclex.com) or Mr. Dhruv Malik (dhruv.malik@jclex.com).