NCLAT Condones 3-Day Delay In Filing Appeal As NCLT Order Uploaded Eight Months After Pronouncement

The National Company Law Appellate Tribunal (NCLAT) has condoned a delay in filing an appeal against an order passed in an interlocutory application after noting that the National Company Law Tribunal's order was uploaded nearly eight months after it was pronounced, and that the delay attributable to the appellant was only three days.

The order in an application filed in the insolvency proceedings of Unibera Developers Private Limited was pronounced by the National Company Law Tribunal, New Delhi, on March 11, 2025 but was uploaded on the tribunal website only on November 6, 2025. The appeal was filed on 9 November 2025.

A Bench of Chairperson Justice Ashok Bhushan and Technical Member Indevar Pandey allowed the condonation application filed by Pranav Varshney.

The bench observed that “the Appellant cannot be blamed for not receiving the copy of the order within the time when he applied for certified copy of the order,” and held that “delay is only of three days and sufficient cause has been shown.”

Varshney had applied for a certified copy on April 1, 2025, within the prescribed 30-day limitation period but was supplied with an unrelated order on 16 April 2025. A second request also yielded an incorrect copy, and inspection revealed that the impugned order was not available on the tribunal file. After he moved an application for rehearing on October 21, 2025, the order was uploaded on 6 November 2025, following which the appeal was filed within three days.

Counsel for Resolution The professional argued that the limitation runs from the date of pronouncement and relied on an earlier appellate ruling holding that the limitation begins once an order is dictated in open court.

Distinguishing the facts, the tribunal held that since the order was first made available only on November 6, 2025, sufficient cause was shown.

The tribunal condoned the delay, granted liberty to file an amended memo of appeal within a week, issued notice to the successful resolution applicant and the monitoring committee, and listed the matter for hearing on April 8, 2026.

For Appellant: Advocates Prithu Garg, Kanishka Sharma, Vinay Thakur, and Utkarsh Joshi

For Respondents: Advocates Sumesh Dhawan, Vatsala Kak, Sagar Thakkar, and Varsha Mohanty for Monitoring Committee.