M/S. S Ten Lighting vs Orkus Private Limited & Ors
- CitationCompany Appeal (AT) (Insolvency) No. 864 of 2026
Ratio decidendi
The rule this decision rests on
Under Section 61(2) of the Insolvency and Bankruptcy Code, 2016, the period within which an appeal to the National Company Law Appellate Tribunal may be entertained is subject to a proviso that caps the Tribunal's power to condone delay at 15 days beyond the prescribed period; the Tribunal has no power to condone any delay beyond that 15-day limit. Where an appeal is filed beyond the 15-day condonable period, an application for condonation of that delay cannot be allowed, and the memo of appeal is consequently rejected.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
IN THE MATTER OF: S Ten Lighting ...Appellant Versus Orkus Pvt. Ltd & Anr. ...Respondents
Present: For Appellant : Mr. Amber Sachdeva and Ms. Puri Lekhi, Advocates.
For Respondents : Mr. Milan Singh Negi, Mr. Nikhil Kumar Jha, Ms. Katyayani and Mr. Utkarsh, Advocates for R-1.
ORDER
(Hybrid Mode)
19.05.2026 : I.A. No. 3271/2026
1. This is an application praying for condonation of 27 days delay in
refiling of the appeal.
2. We find sufficient cause shown in the application for refiling delay.
Refiling delay condoned.
I.A. No. 3406/2026
1. This is an application praying for condonation of 20 days delay in filing
of the appeal.
2. The order impugned was passed on 03.02.2026 and this appeal has
been e-filed on 25.03.2026 with delay of 20 days.
3. Our jurisdiction to condone the delay is only limited to 15 days as per
Section 61(2) proviso of the Insolvency & Bankruptcy Code, 2016.
4. The Hon'ble Supreme court has laid down in 'National Spot Exchange
Limited.' Vs. 'Anil Kohli, Resolution Professional for Dunar Foods
Limited', reported in [(2022) 11 SCC 761], that jurisdiction of this Tribunal
to condone the delay is only upto 15 days and this Tribunal cannot condone
the delay upto 15 days.
5. In view of the aforesaid, the delay condonation application cannot be
allowed, hence the delay condonation application is rejected. Consequently,
memo of appeal is also rejected.
[Justice Ashok Bhushan] Chairperson
[Barun Mitra] Member (Technical) himanshu/md
Comp. App. (AT) (Ins.) No. 864 of 2026 & I.A. No. 3406 of 2026 2 of 2
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