Limitation exclusion for certified copy time and holidays brought the appeal within the condonable period for restoration on merits.

Time spent obtaining the certified copy, together with the intervening holiday and Sunday, was excluded when computing limitation under the proviso to Section 61(2) of the Insolvency and Bankruptcy Code, 2016. On that basis, the delay in filing the appeal was found to be about 12 days, within the condonable limit of 15 days. The earlier rejection of the condonation request was based on incomplete facts, so the impugned order was set aside and the matter restored to the NCLAT for decision on merits.

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Issues: Whether the delay in filing the appeal was within the condonable limit under the proviso to Section 61(2) of the Insolvency and Bankruptcy Code, 2016 and whether the matter should be restored for decision on merits.

Analysis: The period spent in obtaining the certified copy and the intervening holiday and Sunday were treated as time to be excluded for computing limitation. On that basis, the delay was found to be about 12 days, which fell within the permissible condonable period of 15 days. The earlier dismissal of the condonation application had proceeded on an incomplete factual basis, and the application was therefore required to be considered on the correct facts.

Conclusion: The delay was held to be within the condonable limit, the impugned order was set aside, and the matter was restored to the NCLAT for consideration on merits.

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