Greater Noida Industrial Development ... vs Mr. Prabhjit Singh Soni Resolution ...
- CitationCompany Appeal (AT) (Insolvency) No. 398 of 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
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
This page reproduces a public judgment and a summary of it. It is research material, not legal advice, and it is no substitute for advice from an advocate on your own facts.
Research this judgment with Miss Lucy
Ask what it holds, what has followed it, and what it means for your matter — in plain English, with the citations.
Try Miss Lucy free