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Uttar Pradesh State Industrial ... vs M/S Alpine Realtech Pvt. Ltd. Through ...

National Company Law Appellate Tribunal9 February 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

NATIONAL COMPANY LAW APPELLATE TRIBUNALPRINCIPAL BENCH, NEW DELHICompany Appeal (AT) (Insolvency) No. 237 of 2026&I.A. No. 860 of 2026

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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