Limitation under insolvency law runs from pronouncement; belated certified copy request cannot extend the statutory filing period.

Delay of 27 days in refiling was treated as a curable defect and condoned. However, the 57-day delay in filing the company appeal under the Insolvency and Bankruptcy Code was not condoned because limitation was held to run from the date of pronouncement, not the date of uploading, where the appellant had participated in the proceedings. The application for a certified copy was made after limitation had expired, the explanation for delay was found unsatisfactory, and the delay exceeded the statutory condonable limit. The appeal was therefore barred by limitation, while the refiling delay stood condoned.

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Issues: (i) Whether the delay of 27 days in refiling the appeal should be condoned; (ii) whether the delay of 57 days in filing the company appeal could be condoned under Section 61 of the Insolvency and Bankruptcy Code, 2016.

Issue (i): Whether the delay of 27 days in refiling the appeal should be condoned.

Analysis: The Registry reported a 27-day delay in refiling. The defect was treated as not fatal, and the grounds in support of refiling were accepted.

Conclusion: The delay in refiling was condoned, in favour of the appellant.

Issue (ii): Whether the delay of 57 days in filing the company appeal could be condoned under Section 61 of the Insolvency and Bankruptcy Code, 2016.

Analysis: The impugned order was pronounced on 17.11.2023 in proceedings in which the appellant had participated. Limitation was held to run from the date of pronouncement and not from the date of uploading. The application for certified copy was made after expiry of limitation, and the explanation offered for the delay was found unsatisfactory. The delay exceeded the permissible condonable period under the statute.

Conclusion: The delay in filing the appeal was not condoned, against the appellant.

Final Conclusion: The appeal was held to be barred by limitation and was dismissed, while the delay in refiling stood condoned.

Ratio Decidendi: In an appeal under Section 61 of the Insolvency and Bankruptcy Code, 2016, where the party participated in the proceedings, limitation runs from the date of pronouncement of the order, and delay beyond the statutory condonable limit cannot be excused on the basis of belated procurement of the certified copy or the date of uploading.

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