Delay condonation under the Insolvency and Bankruptcy Code failed where the appeal remained beyond the outer statutory limit.

An appeal under the Insolvency and Bankruptcy Code was filed beyond the 30-day filing period and also beyond the further 15-day condonable period under Section 61(2). The exclusion directed by the Supreme Court for the period during which a special leave petition was pending was treated only as excluding that interval, not as creating a fresh 30-day period for the appeal. Even after applying the exclusion, the appeal remained outside the outer limit for condonation, so delay could not be condoned and the appeal was time-barred.

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Issues: Whether the appeal, filed beyond the prescribed period, could be entertained by condoning delay under Section 61(2) of the Insolvency and Bankruptcy Code, 2016.

Analysis: The appeal was filed after the expiry of the thirty-day period prescribed for filing an appeal. The further condonable period of fifteen days had also expired. The order of the Supreme Court excluding the period during which the special leave petition remained pending was read as extending only that exclusion and not as granting a fresh thirty-day period for filing the present appeal. Even after giving effect to the exclusion, the appeal remained beyond the outer limit for condonation under Section 61(2).

Conclusion: The delay could not be condoned and the appeal was not maintainable as time-barred.

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