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        2026 (3) TMI 1250 - AT - IBC

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        Self-contained limitation under the Insolvency Code bars late appeal against a liquidator's decision; delay could not be condoned. Section 42 of the Insolvency and Bankruptcy Code provides its own limitation period of fourteen days for an appeal against the liquidator's decision, and ...
                        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.

                            Self-contained limitation under the Insolvency Code bars late appeal against a liquidator's decision; delay could not be condoned.

                            Section 42 of the Insolvency and Bankruptcy Code provides its own limitation period of fourteen days for an appeal against the liquidator's decision, and that special scheme was treated as exhaustive. Section 238A applies the Limitation Act only so far as may be, and it does not override a self-contained limitation rule in the Code. Pending related insolvency proceedings were regarded as independent and incapable of extending the appeal period. On that basis, condonation of delay was unavailable and the appeal remained barred by limitation.




                            Issues: Whether delay in filing an appeal against the liquidator's decision under Section 42 of the Insolvency and Bankruptcy Code, 2016 could be condoned by invoking Section 5 of the Limitation Act, 1963 through Section 238A of the Insolvency and Bankruptcy Code, 2016.

                            Analysis: The limitation under Section 42 is embedded in the provision itself, which permits an appeal only within fourteen days of receipt of the liquidator's decision. Section 238A applies the Limitation Act only so far as may be, and cannot override a special provision that contains its own complete limitation scheme. The pendency of related insolvency proceedings was held to be independent and incapable of extending the time for an appeal under Section 42. The delay was also found to be substantial and beyond the statutory framework for condonation.

                            Conclusion: Condonation of delay was held to be unavailable, and the appeal was dismissed as barred by limitation.


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                            ActsIncome Tax
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