Uttar Pradesh State Industrial ... vs M/S Alpine Realtech Pvt. Ltd. Through ...
- CitationCompany Appeal (AT) (Insolvency) No. 237 of 2026
Ratio decidendi
The rule this decision rests on
The statutory limit for condoning delay in filing an appeal under the Insolvency and Bankruptcy Code is fifteen days beyond the prescribed period, under the proviso to Section 61(2), so an application seeking condonation of a 38-day delay falls outside the Tribunal's power to condone and must be rejected, with the consequence that the memo of appeal is rejected as well.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
IN THE MATTER OF: Uttar Pradesh State Industrial Development Authority ...Appellant Versus Alpine Realtech Pvt. Ltd. Through Anju Agarwal Interim Resolution Professional & Anr. ...Respondents
Present: For Appellant : Ms. Ruchira Gupta and Mr. Mohtisham Ali, Advocates.
For Respondents :
ORDER
(Hybrid Mode)
09.02.2026 :
I.A. No. 860/2026 In Comp. App. (AT) (Ins.) No. 237/2026
1. This is an application filed by the appellant praying for condonation of
38 days delay in filing of the appeal.
2. The order impugned was passed on 15.10.2025 and this appeal has
been e-filed on 22.12.2025. Our jurisdiction to condone the delay is only
limited to 15 days as per Section 61(2) proviso of the IBC.
3. Learned counsel for the appellant submits that the order was passed
on 15.10.2025 which was uploaded on 03.11.2025.
4. Even if we consider the above submission, for argument sake, the
appeal was filed beyond 45 days from 03.11.2025. Thus, the delay is being
beyond the condonable period.
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. 237 of 2026 & I.A. No. 860 of 2026 2 of 2
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