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        2026 (3) TMI 308 - AT - IBC

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        Condonation of delay requires a reasonable, documented explanation; absent diligence, refiling applications were rejected and appeals dismissed. Applications seeking condonation of delay in refiling company appeals under the Insolvency and Bankruptcy Code were examined on the legal principle that ...
                        Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                          Provisions expressly mentioned in the judgment/order text.

                            Condonation of delay requires a reasonable, documented explanation; absent diligence, refiling applications were rejected and appeals dismissed.

                            Applications seeking condonation of delay in refiling company appeals under the Insolvency and Bankruptcy Code were examined on the legal principle that refiling delays require a reasonable, satisfactory explanation; allegations of misplaced or illegible records demand detailed, diligent efforts supported by particularized affidavit evidence. The Tribunal applied precedent requiring non-routine condonation and found the supporting affidavits evasive, with unexplained delays after initial e-filing and insufficient documentary steps to cure defects. As a result, the applications for condonation were rejected and the associated company appeals dismissed.




                            Issues: Whether the delay in refiling the company appeals may be condoned and, consequentially, whether the appeals filed after the delay should be permitted to proceed.

                            Analysis: The appeals arise under Section 61 of the Insolvency and Bankruptcy Code, 2016 and involve applications for condonation of delay in refiling. The Tribunal applied the precedent and principles that delay in refiling must be reasonably explained and not condoned routinely; explanations alleging misplaced records and illegible documents were examined for diligence and documentary particularity. The affidavit supporting the condonation pleas was found evasive and lacking necessary particulars about efforts to trace files and to procure legible documents. The appellant had e-filed but then waited an extended period to cure defects, demonstrating lack of diligence. The reasoning of the Tribunal's earlier decision dated 28.04.2025 and the Principal Bench authority requiring a reasonable, satisfactory explanation for inordinate refiling delays were applied to the present applications.

                            Conclusion: The applications for condonation of delay in refiling (IA No. 296/2025 and IA No. 299/2025) are rejected and, consequently, the corresponding Company Appeals are dismissed.


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                            ActsIncome Tax
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