Condonation of delay under Section 198 cannot extend the statutory appeal period under Section 61(2).

Whether a general condonation power aimed at Board delays can extend the specially prescribed appeal timeline was addressed: the provision authorising condonation of the Board's failure to act is confined to regulatory/administrative performance by the Board and does not operate as a general mechanism to enlarge the limitation regime set for appeals. Applying purposive construction and the Code's scheme, the Tribunal held that that provision cannot override the appeal period and its limited extension; consequently the application to condone the delayed appeal was refused and the appeal rejected.

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Issues: Whether the Appellate Tribunal can condone a delay of 103 days in filing an appeal under Section 61(2) of the Insolvency and Bankruptcy Code, 2016 by invoking or relying upon Section 198 of the Insolvency and Bankruptcy Code, 2016.

Analysis: Section 61(2) prescribes a thirty day period for filing appeals with a discretionary condonable extension not exceeding fifteen days. Section 198 empowers the relevant Adjudicating Authority to condone delay where the Board fails to perform an act within a period specified under the Code; its scope relates to regulatory or administrative functions of the Board performed within timeframes specified in the Code. The text, context and scheme of the Code show Section 198 is directed to condonation of delays in performance of functions entrusted to the Board and intended to prevent such delays from being fatal to proceedings; it is not a general provision to override limitation periods for appeals before the Appellate Tribunal. While the Appellate Tribunal may exercise certain powers akin to the Adjudicating Authority in appropriate contexts, Section 198 was not enacted to displace the specific limitation regime of Section 61(2) governing appeals. The Tribunal examined authorities on purposive construction and locus of the Board but found no provision requiring the Board to file appeals within the time prescribed by Section 61(2) or permitting Section 198 to enlarge the statutory appeal period beyond the limits set by Section 61(2).

Conclusion: The delay of 103 days in filing the appeal cannot be condoned by the Appellate Tribunal under Section 198; the application for condonation is rejected and the appeal is rejected (in favour of the Respondent).

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