A RAJENDRA
Vs.
GONUGUNTA MADHUSUDHAN RAO AND OTHERS
( Before : Abhay S. Oka, Ahsanuddin Amanullah and Augustine George Masih, JJ. )
Civil Appeal Nos.11070 - 11071 of 2024 (@ Diary No. 10029 of 2024)
Decided on : 04-04-2025
Insolvency and Bankruptcy Code, 2016 — Section 61(2) — Limitation Act, 1963 — Section 12 — Appeal to NCLAT — Limitation Period — Commencement and Calculation — The statutory limitation period for filing an appeal before the National Company Law Appellate Tribunal (NCLAT) under Section 61(2) of the Insolvency and Bankruptcy Code, 2016 (IBC) is thirty days, commencing from the date of pronouncement of the order by the National Company Law Tribunal (NCLT) — The NCLAT possesses discretion to condone delay for a further period not exceeding fifteen days, upon satisfaction of sufficient cause — The scheme of Section 61 IBC does not postpone the commencement of limitation until a certified copy is made available, distinguishing it from provisions like Section 421(3) of the Companies Act, 2013.
