February 26, 2026 : The National Company Law Appellate Tribunal (NCLAT), Principal Bench at New Delhi, has rejected an application seeking condonation of delay in filing an insolvency appeal, holding that limitation begins from the date an order is pronounced in open court and not from the date it is uploaded on the NCLT portal.
A Bench comprising Justice Ashok Bhushan (Chairperson) and Barun Mitra (Technical Member) dismissed both the delay condonation application and the accompanying appeal filed by the Resolution Professional of Trading Engineers International Ltd.
The appeal arose from an order dated 11 June 2025 passed by the National Company Law Tribunal (NCLT), New Delhi Bench, Court–II, in proceedings concerning restoration of electricity supply by Uttarakhand Power Corporation Ltd. during the Corporate Insolvency Resolution Process of the corporate debtor. The NCLT had directed payment of CIRP-period electricity dues, including applicable delay charges, and ordered restoration of supply.
Challenging this order, the Resolution Professional e-filed an appeal before the NCLAT on 28 August 2025 along with an application for condonation of delay. The appellant argued that although the order was pronounced in open court on 11 June 2025, limitation should be computed from 4 July 2025, the date on which the order was uploaded on the NCLT website. It was further contended that the time spent in obtaining a certified copy ought to be excluded and that, after such exclusion, the delay would fall within the condonable 15-day period prescribed under Section 61 of the Insolvency and Bankruptcy Code, 2016.
The respondents opposed the application, submitting that the order had been pronounced in open court on 11 June 2025 in the presence of the appellant and his counsel. They argued that limitation under Section 61 commences from the date of pronouncement and that the appeal, filed on 28 August 2025, was well beyond the maximum statutory period of 45 days.
The Appellate Tribunal examined the record and noted that the appellant had admitted that the order was pronounced in open court on 11 June 2025. The minutes of the 39th Committee of Creditors meeting also recorded that, after hearing both sides, the Adjudicating Authority had issued directions regarding payment of CIRP-period dues and restoration of electricity supply on that very date.
Rejecting the contention that limitation should run from the date of uploading, the Tribunal observed that once an order is pronounced in open court, limitation begins to run from that date after excluding the date of pronouncement for computation purposes. The Bench held that the appeal filed on 28 August 2025 was much beyond 45 days from 11 June 2025 and therefore barred by limitation.
In reaching its conclusion, the Tribunal relied on the Supreme Court’s decision in V. Nagarajan v. SKS Ispat & Power Ltd., which clarified that under the IBC, limitation for filing an appeal commences from the date of pronouncement of the order. The judgment emphasised that an aggrieved party must act with due diligence and apply for a certified copy within the prescribed limitation period. The Tribunal also referred to Sanjay Pandurang Kalate v. Vistra ITCL (India) Ltd. but distinguished it on facts, noting that in that case no substantive order had been pronounced on the date of hearing, whereas in the present matter the order was admittedly pronounced in open court.
The Bench reiterated that the statutory framework under Section 61 of the IBC permits filing of an appeal within 30 days, extendable by a further 15 days upon showing sufficient cause, and that no jurisdiction exists to condone delay beyond this outer limit. Since the appeal was filed beyond the maximum condonable period, the application for condonation of delay was rejected and, consequently, the memo of appeal was also dismissed.
Cause Title: RP for Trading Engineers International Ltd. v. Uttrakhand Power Corporation Ltd. & Anr.
Case Number: I.A. No. 5773 of 2025 in Company Appeal (AT) (Insolvency) No. 1475 of 2025
Coram: Justice Ashok Bhushan (Chairperson) and Barun Mitra (Technical Member)
Date of Decision: 25 February 2026
