Limitation for IBC appeals turns on physical filing, with delay beyond the 45-day outer limit remaining uncondonable.

Under the Insolvency and Bankruptcy Code, 2016, an appeal under Section 61(2) had to be filed within 30 days, with only a further 15 days available on sufficient cause. The NCLAT noted that limitation was computed by reference to the physical filing before the Registry, and that filing occurred after the outer 45-day limit. It held that the later circular dated 24.12.2022 did not assist because the earlier circular in force at the time of filing governed presentation and computation of limitation, and the later circular operated prospectively. Section 10 of the General Clauses Act, 1897 was held inapplicable to save the filing.

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Issues: Whether the appeal was barred by limitation and whether the delay beyond the statutory period could be condoned in view of the e-filing and physical filing dates, the applicable NCLAT circulars, and Section 10 of the General Clauses Act, 1897.

Analysis: The appeal under Section 61(2) of the Insolvency and Bankruptcy Code, 2016 had to be filed within 30 days, with a further condonable period not exceeding 15 days on sufficient cause being shown. The Tribunal held that, on the facts, the relevant presentation for limitation was the physical filing before the Registry, which took place after the outer limit of 45 days. The later circular dated 24.12.2022 could not assist the appellant because the earlier circular governing presentation and computation of limitation was in force when the appeal was filed, and the later circular was treated as prospective. Section 10 of the General Clauses Act, 1897 was also held inapplicable to save the filing, since the appeal was already beyond the permissible period under the prevailing filing regime.

Conclusion: The delay was not condonable, and the appeal was time-barred.

Ratio Decidendi: In proceedings under the Insolvency and Bankruptcy Code, 2016, the appellate tribunal has no power to condone delay beyond the statutorily permitted additional 15 days, and a later procedural change cannot revive an appeal already filed beyond the applicable limitation period.

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