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Greater Noida Industrial Development ... vs Mr. Prabhjit Singh Soni Resolution ...

National Company Law Appellate Tribunal3 March 2026

Ratio decidendi

The rule this decision rests on

The Tribunal's jurisdiction to condone delay in filing an appeal under Section 61 of the Insolvency and Bankruptcy Code, 2016 is limited to a further period of fifteen days beyond the thirty-day limitation period, as provided in the proviso to Section 61(2); where the appeal is filed beyond that condonable period, the delay application must be rejected and the appeal, so filed, must be rejected.

Written by Miss Lucy from the judgment below, not taken from a headnote.

Judgment

As delivered

NATIONAL COMPANY LAW APPELLATE TRIBUNALPRINCIPAL BENCH, NEW DELHICompany Appeal (AT) (Insolvency) No. 398 of 2026& I.A. No. 1528 of 2026

IN THE MATTER OF: Greater Noida Industrial Development Authority ...Appellant Through Its Manager (Builder)

Versus

Prabhjit Singh Soni Resolution Professional, For JNC Construction Pvt. Ltd. & Anr. ...Respondents

Present: For Appellant : Mr. U. N. Singh, Advocate. For Respondents : Mr. Aditya Madaan, Mr. Anubhav Pachory, Mr. Akhand Pratap Singh, Advocates. Mr. Adhish Srivastava, Ms. Akshara Alok, Advocates for R-2.

ORDER

(Hybrid Mode)

03.03.2026: I.A. No. 1528 of 2026: This is an application praying for

condonation of delay in filing the appeal. Order impugned was passed on

21.11.2025 and this appeal has been e-filed on 29.01.2026. Appellant has

applied for certified copy on 11.12.2025, which was ready on 15.12.2025,

hence, Appellant shall be entitled for exclusion of 6 days' period. Thirty days'

period, after giving exclusion of 6 days, shall come to an end on 27.12.2025

and appeal having been filed on 29.01.2026, it is beyond the condonable

period.

2. Our jurisdiction to condone delay is only limited to 15 days as per

Section 61(2) proviso of the I&B Code. The delay being beyond condonable

Cont'd.../ period, delay condonation application is rejected. Memo of appeal is also

rejected.

[Justice Ashok Bhushan] Chairperson

[Barun Mitra] Member (Technical) Archana/md

Company Appeal (AT) (Ins.) No. 398 of 2026 2 of 2

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