Insolvency Appeal Rejected: 104-Day Refiling Delay Not Justified Despite Medical Grounds Under IBC Limitation Rules

Appeal dismissed by NCLAT due to unjustified delay of 104 days in refiling. While initial e-filing was within 45-day limitation period, subsequent defect rectification took excessive time without adequate explanation. Though medical condition of advocate's father was cited for late September, no justification was provided for delay between July-September 2024. In time-sensitive IBC proceedings, such prolonged refiling delays without sufficient cause cannot be condoned. The tribunal found explanation inadequate and unconvincing, leading to rejection of condonation application. Mere medical grounds for partial period deemed insufficient to justify entire delay period. .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X