Limitation and condonation for IBC Section 9 applications can extend to delayed filing under Section 5 of the Limitation Act.

A Section 9 application under the Insolvency and Bankruptcy Code is subject to the Limitation Act through Section 238A, including the prescribed period, the bar under Section 3, and Article 137 where no specific period applies. Section 5 of the Limitation Act is an enabling provision that permits admission after the prescribed period on sufficient cause being shown and is not confined to appellate proceedings. On that basis, delay in filing the Section 9 application could be condoned, and treating the condonation request as not maintainable was incorrect.

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Issues: Whether delay in filing an application under Section 9 of the Insolvency and Bankruptcy Code, 2016 can be condoned under Section 5 of the Limitation Act, 1963.

Analysis: The application under Section 9 of the Insolvency and Bankruptcy Code, 2016 is an application for which the Limitation Act, 1963 applies by virtue of Section 238A of the Code. The limitation framework under the Limitation Act, 1963 includes the definition of prescribed period, the bar under Section 3, and the residuary Article 137 for applications where no specific period is provided. Section 5 of the Limitation Act, 1963 is an enabling provision permitting admission of an application after the prescribed period on sufficient cause being shown, and it is not confined to appellate proceedings. The refusal to consider the delay-condonation application as not maintainable was therefore incorrect.

Conclusion: The delay in filing the Section 9 application was capable of being condoned under Section 5 of the Limitation Act, 1963, and the challenge to the dismissal of the condonation application succeeded.

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