Darshan L Gandhi vs Mr. Hemant J Mehta & Ors
- CitationComp. App. (AT) (Ins) No. 775 of 2026
Ratio decidendi
The rule this decision rests on
The period for an appeal under Section 61(2) of the Insolvency and Bankruptcy Code is 30 days, extendable by a further 15 days on sufficient cause, and no appeal may be entertained beyond that 45-day outer limit. Where the impugned order records that both parties were present and that it was passed on the date stated, the limitation period runs from that date, and the appellant cannot rely on the later date on which the order was uploaded to the website to extend time. Delay beyond the statutory 45-day period under Section 61(2) cannot be condoned, and an application seeking condonation is to be dismissed together with the appeal filed out of time.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
Comp. App. (AT) (Ins) No. 775 of 2026 & I.A. No. 3023 of 2026 IN THE MATTER OF:
Darshan L Gandhi ...Appellant(s)
Versus
Hemant J Mehta & Anr. ...Respondent(s) Present: For Appellant : Mr. Mohit Singh, Ms. Garima Jain, Mr. Shreyas Shrivastava, Adv. For Respondents : Mr. Orijit Chatterjee, Ms. Swati Dalmia, Shubham Raj, Neha Sinha, Safura Ahmed, Adv. for R1
ORDER
(Hybrid Mode) 01.09.2026: This appeal is filed against an impugned order dated
17.02.2026. Admittedly, the limitation of 30 days expired on 19.03.2026 and
further additional 15 days also expired on 03.04.2026. Admittedly, the appeal
is filed beyond 45 days per Section 61(2) of the Code i.e. on 20.04.2026.
2. The reason given by the Ld. Counsel for the Appellant during the course
of argument is on 17.02.2026 the Appellant's application was dismissed but
the order was not pronounced in the open court and was uploaded on the
website of Ld. NCLT and became available only on 19.03.2026 which in fact
is confronted with by the Ld. Counsel for the Resolution Professional who says
the Appellant in person as well as Counsel for the RP, both were present in
the Court on 17.02.2026 when the impugned order was pronounced.
3. We have also gone through the impugned order and note the presence
of both the parties is duly recorded therein on dated 17.02.2026 and the order
was passed on the same day.
4. Considering the fact the appeal is filed beyond the statutory period of
45 days, we are not inclined to condone the delay and the application i.e. I.A.
No. 3023 of 2026 is dismissed. The appeal being beyond limitation is also
dismissed. Pending applications, if any, are also dismissed.
[Justice Yogesh Khanna] The Officiating Chairperson
[Barun Mitra] Member (Technical)
[Ajai Das Mehrotra] Member (Technical) Sheetal/Manu
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