This appeal, filed beyond the 45-day limitation period under Section 61(2) of the Code, was dismissed as the offer to condone delay was rejected despite claims regarding the order's availability on a website.
The appeal and application I.A. No. 3023 of 2026 were dismissed; pending applications were also dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NATIONAL COMPANY LAW APPELLATE TRIBUNAL PRINCIPAL BENCH, NEW DELHI
Comp. App. (AT) (Ins) No. 775 of 2026 & I.A. No. 3023 of 2026 IN THE MATTER OF:
Darshan L Gandhi …Appellant(s)
Versus
Hemant J Mehta & Anr. …Respondent(s) Present: For Appellant : Mr. Mohit Singh, Ms. Garima Jain, Mr. Shreyas Shrivastava, Adv. For Respondents : Mr. Orijit Chatterjee, Ms. Swati Dalmia, Shubham Raj, Neha Sinha, Safura Ahmed, Adv. for R1
O R D E R (Hybrid Mode)
01.09.2026: This appeal is filed against an impugned order dated 17.02.2026 . Admittedly, the limitation of 30 days expired on 19.03.2026 and further additional 15 days also expired on 03.04.2026 . Admittedly, the appeal is filed beyond 45 days per Section 61(2) of the Code i.e. on 20.04.2026 .
[Justice Yogesh Khanna] The Officiating Chairperson
[Barun Mitra] Member (Technical)
[Ajai Das Mehrotra] Member (Technical)
Sheetal/Manu
2 issues framed by the court
Whether the appellant is entitled to condonation of delay for filing the appeal time-barred under Section 61(2) of the Code.
Whether the impugned order of the NCLT is maintainable given the delay in filing the appeal.
1 provisions across 1 enactments
Darshan L Gandhi
Hemant J Mehta
Yogesh Khanna
Barun Mitra
Ajai Das Mehrotra
As recorded by the court registry
An appeal before NCLAT against an NCLT order in an insolvency proceeding under the Insolvency and Bankruptcy Code.
Judgements on the same questions, provisions and authorities, from every court
