Vijaykumar Natvarlal Patel & Anr & Ors vs City Union Bank Limited & Ors
- CitationComp. App. (AT) (Ins) No. 426 of 2026
Ratio decidendi
The rule this decision rests on
For an appeal under the Insolvency and Bankruptcy Code, limitation runs from the date the impugned order is pronounced and delivered, not from the date it is later uploaded to the website; and the Appellate Tribunal's power to condone delay is confined by the proviso to Section 61(2) to a maximum of 15 days, so an application seeking condonation of a longer delay cannot be granted and the appeal falls with it.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
Comp. App. (AT) (Ins) No. 426 of 2026 & I.A. No. 1635 of 2026 IN THE MATTER OF: Vijaykumar Natvarlal Patel & Anr. ...Appellant(s)
Versus City Union Bank Ltd. & Ors. ...Respondent(s)
Present: For Appellant : Mr. Vineet Trehan, Ms. Urvi Syal, Ms. Shailvi Gupta, Ms. Satpal, Mr. Aman, Mr. Akash Agarwalla, Advocates
For Respondents : Mr. Abhishek Naik, Advocate for R1 Dr. RC Lodha, Ex. RP
ORDER
(Hybrid Mode)
18.03.2026 I.A. No. 1635 of 2026 This is an Application where
Appellants prays for condonation of 17 days delay in filing the Appeal.
2. In Para 1(a), Appellant has made following prayers :
"a. Condone the delay of 17 days in filing the present appeal impugning the order dated 05.12.2025 passed by the Hon'ble Adjudicating Authority, National Company Law Tribunal, Ahmedabad Bench- II, Ahmedabad in I.A. NO. 730(AHM) of 2025 in I.A. NO. 1342(AHM) of 2023 filed in C.P. (IB) NO. - 334(AHM) OF 2022]"
3. The order impugned was passed on 05/12/2025, and this Appeal
has been e-filed on 21/01/2026.
4. Ld. Counsel for Appellant sought to argue that order was
uploaded on 08/12/2026, hence the limitation to be counted from
08/12/2026. Order having been delivered on 05/12/2025, limitation
shall commence after delivery of the order and we are unable to accept the submission of the Appellant that limitation has to be counted from
the date of uploading of the order.
5. Our jurisdiction to condone the delay is limited to 15 days as per
Section 61(2) proviso. We thus are unable to condone the 17 days delay
in filing the Appeal as prayed.
6. Application for Condonation of delay rejected. Memo of Appeal is
also rejected.
[Justice Ashok Bhushan] Chairperson
[Barun Mitra] Member (Technical) Prerana/md
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