Statutory outer limit on delay condonation under company law bars extension beyond the prescribed additional period.

The proviso to Section 61(2) of the Companies Act, 2013 limits condonation of delay in filing an appeal to a further 15 days. Where the delay exceeds that outer limit, the appellate tribunal has no jurisdiction to enlarge time, even if an explanation for delay is offered. On that basis, a delay of 159 days could not be condoned, the condonation application was dismissed, and the appeal was rejected.

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Issues: Whether the delay of 159 days in filing the appeal could be condoned in view of the limited appellate jurisdiction under the proviso to Section 61(2) of the Companies Act, 2013.

Analysis: The appeal was filed beyond the period for which the appellate forum could exercise power to condone delay. The proviso to Section 61(2) of the Companies Act, 2013 confines the power of condonation to a further period of 15 days only, and the delay in filing the appeal far exceeded that statutory limit. Once the prescribed outer limit was crossed, the Tribunal had no jurisdiction to enlarge time further, irrespective of the explanation offered for the delay.

Conclusion: The delay could not be condoned. The application for condonation of delay was dismissed and the appeal was rejected.

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