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Srs Sector 5 Resident Welfare ... vs Mr. Amarpal Resolution Professional Of ...

National Company Law Appellate Tribunal16 March 2026

Ratio decidendi

The rule this decision rests on

Where an order is uploaded after its pronouncement and the appellant has not applied for a certified copy, limitation for an appeal against that order runs from the day after the order was delivered, not from the date of uploading; and where the appeal is filed beyond the period for which the Tribunal may condone delay under the proviso to Section 61(2) of the Insolvency and Bankruptcy Code, 2016, namely fifteen days after the expiry of the limitation period, the Tribunal has no jurisdiction to condone the delay, so the application for condonation must be rejected and the appeal consequently 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) (Ins) No. 279 of 2026 &I.A. No. 1014 of 2026

IN THE MATTER OF: SRS Sector 5 Resident Welfare Association ...Appellants Versus Amarpal, ...Respondents Resolution Professional of SRS Real Infrastructure Ltd.

Present: For Appellant : Mr. Saurabh D. Karan Singh, Advocate. For Respondents : Mr. Anuj Chauhan, Advocate for RP a/w Mr. Hritik.

ORDER

(Hybrid Mode)

16.03.2026: I.A. No. 1014 of 2026

This is an application filed by the appellant praying for condonation of

delay in filing the appeal. Order impugned was passed on 01.12.2025 and

this appeal has been e-filed on 24.01.2026. Ld. Counsel for the appellant

submits that order came to be uploaded only on 10.12.2025 and from

10.12.2025 the delay is of only 14 days after expiry of limitation. The order

has been delivered on 01.12.2025 limitation for filing appeal shall

commenced. It is not the case of the appellant that appellant applied for any

certified copies of the order. The appeal has not been filed along with any

certified copy of the order.

We thus are of the view that limitation for filing the appeal shall

commence from 02.12.2025 and the appeal was filed beyond condonable period. Our jurisdiction to condone the delay is limited to 15 days as per

Section 61 Sub-Section 2 proviso. The application being beyond condonable

period cannot be entertained. Application for condonation of delay is rejected

consequently Memo of appeal is also rejected.

[Justice Ashok Bhushan] Chairperson

[Barun Mitra] Member (Technical) harleen/MD

2 of 2 Company Appeal (AT) (Ins) No. 279 of 2026

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