# In the matter of Alpesh Vasudev Gandhi vs. Vinodkumar S. Shah & Ors.

> NCLAT judgment dated 2026-03-27. Citation: TCN-2026-NCLAT-00091. The case involves two appeals arising from the liquidation process of M/s Alps Lesuire…

- **Court:** NCLAT
- **Order date:** 27 Mar 2026
- **Citation:** TCN-2026-NCLAT-00091
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/alpesh-vasudev-gandhi-vs-vinodkumar-s-shah-ors-35caece9

## Summary

### Background

The case involves two appeals arising from the liquidation process of M/s Alps Lesuire Holidays Ltd. Company Appeal (AT) (Ins.) No.39 of 2026 and Company Appeal (AT) (Ins.) No.126 of 2026. Both appeals challenge orders passed by the NCLT, Delhi Bench, Court No.1.

## Facts

Company Appeal (AT) (Insolvency) No. 39 of 2026 challenges an order dated 22.08.2025, with the appeal e-filed on 04.12.2025, resulting in a 74-day delay.

Company Appeal (AT) (Insolvency) No. 126 of 2026 challenges an order dated 10.10.2025, with the appeal e-filed on 02.12.2025.

The Appellant claims judicial custody from 13.08.2025 to 30.10.2025 as the reason for the delay.

The Liquidator argues that the delay exceeds the permissible period for filing an appeal under Section 61(2) of the I&B Code.

The certified copy of the impugned order in Company Appeal (AT) (Ins.) No.39 of 2026 was applied for on 16.09.2025.

The certified copy in Company Appeal (AT) (Ins.) No.126 of 2026 was applied on 14.11.2025 and impugned order was passed on 10.10.2025.

## Issues and analysis

### Issue 1: Whether the delay in filing the appeals can be condoned, considering the Appellant's claim of being …

**Ratio:** The Tribunal has jurisdiction under Section 61(2) proviso to condone the delay of only 15

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**Reasoning:** The delay in both appeals exceeds

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**Interpretation:** Section 61(2) of the I&B Code limits the period for condoning delay in

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**Application:** The Tribunal applied Section 61(2) and determined that the delay was beyond the

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## Parties

- **Judges:** Ashok Bh…; Barun M…
- **Appellants:** Alpesh Vasudev…; Alpesh Vasudev…
- **Respondents:** Alps Lesuire…; Vinodkumar S.…
- **Other parties:** Vinodkumar…
- **Advocates:** Harjot Singh…; Pankaj…; +4 more

## Timeline

- **2025-08-22 — Order Date (CA…**: Order passed by NCLT which is challenged in Company Appeal (AT) (Insolvency) No. 39 of…
- **2025-10-10 — Order Date (CA…**: Order passed by NCLT which is challenged in Company Appeal (AT) (Insolvency) No. 126 of…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 61(2) — Appeals and Appellate Authority](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-61)

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