2025 (12) TMI 376 - SCH - IBC

Appeal Time-Barred Under Section 61(2) IBC: Limitation Runs From Pronouncement Date, Not Communication or Knowledge

Directorate of Enforcement Versus Anil Kumar Mittal, Resolution Professional of Varutha Developers Pvt. Ltd. & Ors.

SC upheld the NCLAT decision dismissing the corporate insolvency appeal as time-barred under Section 61 of the Insolvency and Bankruptcy Code, 2016. It ... Condonation of delay in filing of the appeal - sufficient cause for delay or not - computation of limitation for filing the appeal shall commence from date of pronouncement or not - it was held by NCLAT that 'The limitation for filing the appeal under Section 61(2) commences from the date of pronouncement of the judgement and is not dependent on the knowledge of the order to the appellant/applicant.' HELD THAT:- There are no good ground and reason to interfere with the impugned judgment dated 08.07.2025 passed by the National Company Law Appellate Tribunal, Principal Bench, New Delhi, dismissing the appeal filed by the appellant, on the ground that it was barred by limitation as per the provisions of Section 61 of the Insolvency and Bankruptcy Code, 2016. Appeal dismissed. The Supreme Court affirmed the National Company Law Appellate Tribunal's (NCLAT) order dismissing the appellant's challenge as time-barred under Section 61 of the Insolvency and Bankruptcy Code, 2016 (IBC). The Court held that it found 'no good ground and reason to interfere with the impugned judgment' of the NCLAT, which had dismissed the appeal on the basis that it was 'barred by limitation as per the provisions of Section 61 of the Insolvency and Bankruptcy Code, 2016.' By upholding the NCLAT's view, the Supreme Court reinforced the mandatory and inflexible nature of the statutory limitation period governing appeals under the IBC. The appeal and all pending applications were dismissed.