Condonation of delay under the Insolvency Code denied where statutory outer limit exceeded and service record upheld.

Condonation of delay under the Insolvency and Bankruptcy Code was refused because the statutory scheme fixes a 30-day period with a non-extendable 15-day proviso, and the Tribunal lacks power to enlarge that outer limit; limitation begins the day after pronouncement of the impugned order and delayed personal knowledge does not reset computation. The Adjudicating Authority's service record and proof of delivery were accepted and the appellant failed to place sufficient material to displace that finding. Consequence: the application for condonation was rejected and the appeal could not be entertained.

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Issues: Whether the delay of 59 days in filing an appeal under Section 61 of the Insolvency and Bankruptcy Code, 2016 can be condoned beyond the statutory outer limit of thirty plus fifteen days where the appellant contends lack of effective service and delayed knowledge of the impugned ex parte order.

Analysis: Section 61(2) prescribes a statutory period of thirty days for filing an appeal, with a proviso permitting the Appellate Tribunal to condone delay only for a further period not exceeding fifteen days. Where a statute expressly limits the period within which delay may be condoned, the Tribunal lacks power to extend that period beyond the statutory outer limit. The date for computation of limitation is the day after pronouncement of the impugned order; the appellant's subsequent claim of acquiring knowledge at a later date does not alter the computation under the statutory scheme. The record of service, including directions to serve by all modes and proof of delivery relied upon by the Adjudicating Authority, was considered; the appellant did not place sufficient material to displace the finding of service or to establish a basis for extending the statutory condonable period.

Conclusion: The application for condonation of delay is rejected and the appeal cannot be entertained as it was filed beyond the statutory outer limit of thirty plus fifteen days; the appeal and ancillary applications are accordingly rejected.

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