# In the matter of Nashik Workers Union vs. Dhaval Jitendra Kumar Mistry, RP & Ors.

> NCLAT judgment dated 2026-03-17. Citation: TCN-2026-NCLAT-00109. The case involves an appeal against an order, with a delay of 16 days in filing. The…

- **Court:** NCLAT
- **Order date:** 17 Mar 2026
- **Citation:** TCN-2026-NCLAT-00109
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/nashik-workers-union-vs-dhaval-jitendra-kumar-mistry-rp-ors-0bc65354

## Summary

### Background

The case involves an appeal against an order, with a delay of 16 days in filing. The appellant claims they were not party to the proceedings and only became aware of the order via email on 03.11.2025.

## Facts

The appeal was filed with a delay of 16 days.

The order being appealed was passed on 16.10.2025.

The appeal was e-filed on 01.12.2025.

The appellant claims they were not party to the proceedings and only filed a claim as a worker.

The appellant became aware of the order via email dated 03.11.2025.

The respondent argued that the appeal was filed on the 46th day, beyond the condonable period.

The court's jurisdiction to condone delay is limited to 15 days as per Section 61(2) proviso.

## Issues and analysis

### Issue 1: Whether the delay of 16 days in …

**Ratio:** The court's jurisdiction to condone delay is limited to 15 days as per Section 61(2)

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**Reasoning:** The delay exceeded the

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**Interpretation:** The court interpreted Section 61(2) proviso to mean that it cannot condone

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**Application:** The court applied the provision and

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## Parties

- **Judges:** Ashok Bh…; Barun M…
- **Appellants:** Nashik Workers…
- **Respondents:** Dhaval Jitendrakum…; Resolution…
- **Other parties:** Atul Sh…; Aditi S…
- **Advocates:** Sudha Bha…; Atul Sh…; +1 more

## Timeline

- **16.10.2025 — Order Pa…**: The order being…
- **03.11.2025 — Appellant's K…**: The appellant claims they became…

## 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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