Absolute limitation bar under insolvency law prevents condonation beyond the fixed outer limit for filing company appeals.

Where a special statute prescribes a 30-day period to file a company appeal with only a further 15 days on sufficient cause, the outer limit of 45 days is absolute and cannot be crossed. The tribunal held that delay beyond that limit was not condonable, even when computed from the date of the impugned order or from receipt of the free copy. It also held that Section 5 of the Limitation Act, 1963 cannot be invoked to enlarge a self-contained limitation regime under the Insolvency and Bankruptcy Code. The condonation application was therefore rejected.

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Issues: Whether the delay of 36 days in filing the company appeal could be condoned beyond the maximum period permitted under the insolvency law, and whether Section 5 of the Limitation Act, 1963 could be invoked for such condonation.

Analysis: The appeal under Section 61(2) of the Insolvency and Bankruptcy Code, 2016 is required to be filed within 30 days, with a further condonable period of only 15 days on sufficient cause being shown. The order further holds that this outer limit of 45 days is absolute and cannot be crossed. On the facts, the appeal was filed beyond that limit even when computed from the date of the impugned order, and it was also beyond the condonable period when computed from the date of receipt of the free copy. The Court also held that the general power under Section 5 of the Limitation Act, 1963 does not apply where the special statute provides a self-contained limitation regime with a fixed outer limit.

Conclusion: The delay in filing the appeal was not condonable and the application for condonation was rejected.

Final Conclusion: The appeal was held to be barred by limitation under the special statutory framework, and the Tribunal declined to enlarge time beyond the prescribed outer limit.

Ratio Decidendi: Where a special statute prescribes a fixed limitation period with a limited condonable extension, the appellate forum has no power to condone delay beyond that outer limit, and the general law of limitation cannot be invoked to enlarge it.

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