Tarandeep Kaur Ahluwalia & Ors. Vs One City Infrastructure Pvt. Ltd. & Ors. (NCLAT Delhi)
In the case of Tarandeep Kaur Ahluwalia & Ors. Vs One City Infrastructure Pvt. Ltd. & Ors., the National Company Law Appellate Tribunal (NCLAT) addressed the issue of the limitation period for filing an appeal under Section 61 of the Insolvency and Bankruptcy Code (IBC). The appellants sought condonation of delay for filing their appeals, which were delayed by one day beyond the prescribed period of 15 days after the statutory 30-day period. The appellants argued that the limitation period should begin from the date they were notified about the order, which was uploaded on the NCLT website on 18th July 2024, rather than the date the order was pronounced on 3rd July 2024.
However, the NCLAT ruled that the limitation period should be calculated from the date the order was pronounced in court, as per the established legal precedent, rather than from the date the order was uploaded online. The Tribunal emphasized that the appellants were aware of the order’s pronouncement on 3rd July 2024, as it was made in the presence of the parties. Therefore, the delay of 16 days in filing the appeal could not be condoned since it exceeded the allowable 15-day window for such extensions. In the end, the NCLAT dismissed the applications for condonation of delay, effectively rejecting the appeals due to procedural non-compliance.
