# Denasa Buildcon vs. Nalwa Steels and Power Limited & Anr.

> NCLAT judgment dated 1 Apr 2026. Citation: TCN-2026-NCLAT-00079. Denasa Buildcon (Appellant) filed Company Appeal (AT) (CH) (Ins) No. 107/2026, along with an…

- **Court:** NCLAT
- **Order date:** 1 Apr 2026
- **Citation:** TCN-2026-NCLAT-00079
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/denasa-buildcon-vs-nalwa-steels-and-power-limited-anr-98042442

## Summary

### Background

Denasa Buildcon (Appellant) filed Company Appeal (AT) (CH) (Ins) No. 107/2026, along with an application for condonation of delay (IA No.334/2026). The appeal challenged an order delivered on 20.11.2025, and the e-filing date for the appeal was 31.01.2026. The Appellant contended that they were unaware of the impugned order until 23.12.2025, and therefore the limitation period for filing the appeal should commence from that date.

## Facts

Denasa Buildcon filed Company Appeal (AT) (CH) (Ins) No. 107/2026.

An order impugned by the Appellant was delivered on 20.11.2025.

The appeal was e-filed on 31.01.2026.

The Appellant also filed IA No.334/2026 seeking condonation of a 42-day delay in filing the appeal.

The Appellant claimed they became aware of the impugned order only on 23.12.2025.

Section 61(2) proviso of the I&B Code, 2016, prescribes a 30-day limitation period for filing an appeal, with a maximum condonable period of 15 days.

The Supreme Court in Safire Technologies Pvt. Ltd. and NCLAT in Directorate of Enforcement Vs Anil Kumar Mittal & Ors. held that the limitation period commences from the date of pronouncement/delivery of the order, irrespective of the appellant's knowledge.

## Issues and analysis

### Issue 1: Whether the delay in filing the appeal by Denasa Buildcon falls within the condonable period as per …

**Ratio:** The Appellate Tribunal's power to condone delay under Section 61(2) proviso of the

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**Reasoning:** The impugned order was delivered on 20.11.2025. The appeal was e-filed on 31.01.2026.

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**Interpretation:** The proviso to Section 61(2) is interpreted strictly, establishing a

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**Application:** Given the 42-day delay in filing the appeal, which is beyond the 15-day

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## Parties

- **Judges:** Ashok Bhushan…; Sharad Kumar…; +1 more
- **Appellants:** Denasa Bu…
- **Respondents:** Nalwa Steels and…; Pankaj Sriv…
- **Other parties:** Condonation of…; Limitation…; +2 more

## Timeline

- **2025-11-20 — Pronouncement of…**: The order challenged by the…
- **2025-12-23 — Appellant Claims…**: The Appellant, Denasa Buildcon, claimed they became aware of the impugned order on this…

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