Shakuntla Devi Kulshrestha vs Sunil Kumar Agrwal Resolution ...
- CitationCompany Appeal (AT) (Insolvency) No. 402 of 2026
Ratio decidendi
The rule this decision rests on
The Appellate Tribunal's power to condone delay in filing an appeal under the Insolvency and Bankruptcy Code is confined by the proviso to Section 61(2) to a period of fifteen days beyond the prescribed limitation period, and it has no jurisdiction to condone any delay exceeding that period. Where an appeal is filed beyond the fifteen-day condonable window, an application for condonation of delay must be rejected, and the appeal consequently stands rejected as not maintainable.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
IN THE MATTER OF: Shakuntla Devi Kulshrestha ...Appellant Versus Sunil Kumar Aggarwal Resolution Professional & Anr. ...Respondents
Present: For Appellant : Mr. Arun Sharma, Advocate.
For Respondents : Mr. Rakesh Kumar, Ms. Preeti Kashyap, Mr. Ankit Sharma, Mr. Sahil Chawla and Mr. Pulkit Mehrotra, Advocates.
ORDER
(Hybrid Mode)
13.03.2026 : I.A. No. 1540/2026
1. This is an application praying for condonation of 51 days delay in filing
of the appeal.
2. Learned counsel for the appellant submits that in the impugned order
dated 21.11.2025, the appellant was given liberty to approach the Resolution
Professional (RP) and they have approached the RP, but no reply was received
from the RP, hence the delay has been caused.
3. The order impugned was passed on 21.11.2025 and this appeal has
been e-filed on 10.02.2026. Our jurisdiction to condone the delay is only
limited to 15 days as per Section 61(2) proviso of the IBC. We do not have
any jurisdiction to condone the delay beyond 15 days.
4. In the present appeal, there being delay of 51 days which is beyond the
condonable period, 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. 402 of 2026 & I.A. No.1540 of 2026 2 of 2
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