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Vnr Infrastructures Ltd vs Rama Raghava Reddy

National Company Law Appellate Tribunal27 August 2026

Ratio decidendi

The rule this decision rests on

The limitation period under Section 61(2) of the Insolvency and Bankruptcy Code, 2016 for filing an appeal runs from the date on which the impugned order is pronounced, not from the date on which a copy of the order is made available to the appellant. Where an appeal is filed beyond the thirty-day period under Section 61(2) but within the condonable period of fifteen days, the Tribunal may condone the delay; where the registry has wrongly computed limitation so that no condonation application was filed, the appellant's omission is not negligence and the delay may be condoned. Where the appeal is filed beyond the outer limit of the condonable period (forty-five days from pronouncement), the appeal is barred by limitation and must be dismissed, and a judgment of the Supreme Court interpreting the limitation rule applies retrospectively to pending matters unless it is expressly made prospective.

Written by Miss Lucy from the judgment below, not taken from a headnote.

Judgment

As delivered

NATIONAL COMPANY LAW APPELLATE TRIBUNAL AT CHENNAI (APPELLATE JURISDICTION) TA (AT) No.176/2021 (Company Appeal (AT) (Ins) No.438/2019) (IA No.1419/2019) In the matter of: VNR Infrastructure Ltd. ... Appellant V SS Rail Works Private Limited Through its Managing Director Mr. A. Srinivasulu Reddy ... Respondent Present : For Appellant : Mr. T. Ravichandran, Advocate For Respondent : Mr. Malayanur Anil Kumar, Advocate With TA (AT) No.177/2021 (Company Appeal (AT) (Ins) No.440/2019) (IA No.1426/2019) In the matter of: VNR Infrastructures Limited Through its Liquidator T.S.N. Raja ... Appellant V Dy. CSTE/Const. & 2 Ors. ... Respondents Present : For Appellant : Mr. T. Ravichandran, Advocate For Respondents : No Appearance With TA (AT) No.179/2021 (Company Appeal (AT) (Ins) No.444/2019) (IA No.1445/2019) In the matter of: VNR Infrastructures Limited ... Appellant V Rama Raghava Reddy ... Respondent

TA (AT) Nos. 176, 177, 179 & 187/2021 Page 1 of 5 Present : For Appellant : Mr. T. Ravichandran, Advocate For Respondents : No Appearance With TA (AT) No.187/2021 (Company Appeal (AT) (Ins) No.567/2019) (IA No.1747/2019) In the matter of: VNR Infrastructures Limited Through its Liquidator Mr. T.S.N. Raja ... Appellant V The Chief Engineer Construction-VIII, North Frontier Railways ...Respondent Present : For Appellant : Mr. T. Ravichandran, Advocate For Respondents : No Appearance

ORDER

(Hybrid Mode) [Per: Jatindranath Swain, Member (Technical)]

1) These are four connected company appeals, TA (AT) No.176/2021 (CA

(AT) (Ins) No.438/2019), TA (AT) No.179/2021 (CA (AT) (Ins) No.444/2019),

TA (AT) No.187/2021 (CA (AT) (Ins) No.567/2019), and TA (AT) No.177/2021

(CA (AT) (Ins) No.440/2019) these have been filed under Section 61 of the

Insolvency and Bankruptcy Code, 2016, thereby challenging the order of Ld.

NCLT, Hyderabad, in the respective interlocutory applications filed in CP(IB)

No.12/10/HDB/2017.

2) When the Appeals were taken up for consideration, Ld. Counsel for the

Respondent has raised an objection that, the Appeals would be barred by

limitation.

TA (AT) Nos. 176, 177, 179 & 187/2021 Page 2 of 5

3) Accordingly, each of the Appeals were taken up for detailed scrutiny.

a. In TA No.176/2021, the impugned order was passed in IA No.676/2018

in CP(IB) No.12/10/HDB/2017 on 26.02.2019 and the Appeal was

preferred before the Principal Bench of this Appellate Tribunal on

12.04.2019 with a delay of 14 days but without a condone delay

application. Since, the said appeal was preferred before this Tribunal as

back as on 2019, as per the prevailing practice, the Registry has

computed the limitation period from the date on which the impugned

order was made available to the Appellant (i.e., 13.03.2019) and

accordingly on scrutiny it was reported that the appeal does not suffer

from any delay. Accordingly, the Appellant did not file the application

seeking the condonation of delay. It is to be made clear at this stage that,

the Hon'ble Apex Court in the judgment of V. Nagarajan has made it

clear that the limitation period will commence from the date of

pronouncement of the order and not from the date on which the order

copy is made available. Thus, there is a delay of 14 days which is well

within the upper limit of condonable period of 15 days, as per the

provision of Section 61(2) of the Code. Since, non-filing of condone

delay application is because of the observation of Registry that there is

no delay, the Tribunal is satisfied that the Appellant was neither

negligent nor inconsistent. Accordingly, the delay is condoned and the

appeal TA No.176/2021 is held to be maintainable.

TA (AT) Nos. 176, 177, 179 & 187/2021 Page 3 of 5 b. In TA No.187/2021, the impugned order was passed in IA No.185/2018

in CP(IB) No.12/10/HDB/2017 on 03.04.2019. The Appellant has filed

the appeal on 16.05.2019. He has also filed the application for

condonation of 11 days and the same has already been condoned by the

order passed by the Principal Bench of this Tribunal on 24.05.2019 and

accordingly, the Appeal is held to be maintainable.

c. In TA No.179/2021, the impugned order was passed on 05.03.2019 in

IA No.310/2018 in CP(IB) No.12/10/HDB/2017. This Appeal against

the said impugned order was preferred before this Tribunal on

23.04.2019. There happens to be a delay of 19 days, if limitation is

construed to commence from 24.04.2019. The Appellants have not filed

the condone delay application because the Registry of NCLAT has

declared that there is no delay by computing limitation from the date

where the order was made ready, i.e., 25.03.2019. However, as per the

principles laid down in the matter of V. Nagarajan (supra), the

calculation of limitation should commence from the date of

pronouncement of the order. If we take the principle laid down in the

V. Nagarajan case, the delay in filing the instant appeal exceeds the

maximum condonable period of 15 days provided under Section 61(2)

of the Code. Further, Hon'ble Supreme Court in Kanishk Sinha & Anr.

v. State of West Bengal & Anr. has held that all the judgments of the

Hon'ble Apex Court are inherently retrospective unless they are

TA (AT) Nos. 176, 177, 179 & 187/2021 Page 4 of 5 expressly made prospective. Therefore, the ratio of V. Nagarajan

(supra) will apply to this case. In that view, since the instant appeal

exceeds the outer limit of 44 days. Hence, the appeal is held to be barred

by limitation and the same is accordingly dismissed.

d. In TA No.177/2021, the impugned order was passed on 26.02.2019 in

IA No.164/2018 in CP (IB) No.12/10/HDB/2017. The Appellant has

filed the appeal on 15.04.2019. He has also filed the application for

condonation of 11 days and the same has already been condoned by the

order passed by the Principal Bench of this Tribunal on 24.04.2019 and

accordingly, the Appeal is eminently maintainable.

4) List TA (AT) No.176/2021 (CA (AT) (Ins) No.438/2019), TA (AT)

No.187/2021 (CA (AT) (Ins) No.567/2019) and TA (AT) No.177/2021 (CA (AT)

(Ins) No.440/2019) on 17.09.2026.

[Justice Sharad Kumar Sharma] Member (Judicial)

[Jatindranath Swain] Member (Technical)

27 / 08 / 2026 AR/MS/AK

TA (AT) Nos. 176, 177, 179 & 187/2021 Page 5 of 5

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