Harish Shah Vs Ramakrishnan Sadasivan (NCLAT Chennai)
In this matter before the National Company Law Appellate Tribunal Chennai, two appeals were filed challenging the approval of a resolution plan under the Insolvency and Bankruptcy Code, 2016 (IBC). The appellants sought condonation of delay of 14 days in filing the appeals, though the Registry reported a delay of 16 days. The impugned order approving the resolution plan had been pronounced on 28.10.2025 by the adjudicating authority.
The appellant, an unsecured financial creditor and homebuyer, contended that the delay occurred due to the time taken to obtain a copy of the order, seek legal advice, and collate documents. It was argued that limitation should be computed from the date of uploading of the order on the e-portal, i.e., 30.10.2025, and therefore the delay fell within the condonable period of 15 days under Section 61(2) of the IBC.
The respondents opposed the condonation application, asserting that limitation must be calculated from the date of pronouncement of the order, not from the date of upload. They submitted that the statutory period for filing an appeal is 30 days, extendable by a maximum of 15 days upon sufficient cause, making a total of 45 days. In this case, even after including the condonable period, the limitation expired on 12.12.2025, whereas the appeals were filed on 13.12.2025, i.e., on the 46th day. It was also contended that the appellant had participated in the proceedings as a member of the Committee of Creditors and was aware of the order, yet failed to obtain a certified copy within the limitation period. Further, the appellant had even sought exemption from filing a certified copy, contradicting the plea of delay due to obtaining such copy.
