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        Case ID :

        2026 (4) TMI 875 - AT - IBC

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        Limitation for IBC company appeals runs from open-court pronouncement, and certified-copy exclusion applies only if timely sought. Limitation for company appeals under the Insolvency and Bankruptcy Code runs from the date the impugned order is pronounced in open court, and the ...
                        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.

                            Limitation for IBC company appeals runs from open-court pronouncement, and certified-copy exclusion applies only if timely sought.

                            Limitation for company appeals under the Insolvency and Bankruptcy Code runs from the date the impugned order is pronounced in open court, and the appellate tribunal cannot extend time beyond the statutory maximum of 45 days. Exclusion of time for obtaining a certified copy under Section 12(2) of the Limitation Act is available only where the appellant applies for the copy within the prescribed period; absent such a request, the exclusion is unavailable. As the appeals were filed after the outer limit, the delay was not condonable and the appeals were dismissed as barred by limitation.




                            Issues: Whether the delay in filing the company appeals under the Insolvency and Bankruptcy Code, 2016 could be condoned, and whether limitation commenced from the date of pronouncement of the impugned order in open court.

                            Analysis: The appeals challenged approval of the resolution plan, but the decisive question was limitation. The applicable appellate provision prescribed a 30-day filing period with a further condonable period not exceeding 15 days. The impugned order was pronounced in open court on 28.10.2025, so limitation commenced from that date. The appellants did not obtain or seek the certified copy within the statutory period, and the benefit of exclusion under Section 12(2) of the Limitation Act, 1963 was therefore unavailable. Since the appeals were filed on 13.12.2025, they fell beyond the maximum permissible period of 45 days. The governing limitation under the special statute was treated as strict and incapable of extension beyond the proviso.

                            Conclusion: The delay was not condonable. The appeals were held to be barred by limitation and were dismissed.

                            Ratio Decidendi: For an appeal under Section 61(2) of the Insolvency and Bankruptcy Code, 2016 against an order pronounced in open court, limitation runs from the date of pronouncement, and exclusion for obtaining a certified copy is available only if the appellant applies for it within the prescribed limitation period; the appellate tribunal cannot condone delay beyond the statutory maximum.


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