# In the matter of Power Infrastructure India vs. Power Finance Corporation Ltd. & Anr.

> NCLAT judgment dated 2025-02-11. Citation: TCN-2025-NCLAT-00225. The appellant filed an appeal against the NCLAT's order rejecting their application for…

- **Court:** NCLAT
- **Order date:** 11 Feb 2025
- **Citation:** TCN-2025-NCLAT-00225
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/power-infrastructure-india-vs-power-finance-corporation-ltd-anr-fc1112c6

## Summary

### Background

The appellant filed an appeal against the NCLAT's order rejecting their application for condonation of delay in filing an appeal under Section 61 of the Insolvency and Bankruptcy Code, 2016. The NCLAT rejected the application despite the appellant explaining the delay. The Supreme Court noted the NCLAT's detailed judgment and the importance of timelines under the I.B. Code.

## Facts

The appellant, Power Infrastructure India, filed an appeal against an order by the National Company Law Appellate Tribunal (NCLAT) that rejected their application for condonation of delay in filing an appeal under Section 61 of the Insolvency and Bankruptcy Code (IBC). The delay exceeded the 30-day limitation period for appeals to the NCLT, and the NCLAT found insufficient cause to condone the delay beyond the permissible 15 days. The appellant argued that the delay was adequately explained, particularly considering they are a company based in a foreign country. The NCLAT's order was passed on November 7, 2023, and the appeal was filed in the Supreme Court on December 15, 2023. The Supreme Court noted that the NCLAT's order was detailed, running into 17 pages. The

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## Issues and analysis

### Issue 1: Whether the NCLAT was justified in rejecting the application for condonation of delay in filing the …

**Ratio:** The proviso to sub-section 2 of Section 61 of the I.B. Code allows for condonation of

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**Reasoning:** The Supreme Court found that the NCLAT took a hyper-technical view by not condoning the

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**Interpretation:** Section 61 of the I.B. Code sets a strict timeline for appeals, but the proviso

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**Application:** In this case, the Supreme Court applied a more lenient interpretation of

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## Parties

- **Judges:** ABHAY S…; UJJAL B…
- **Appellants:** POWER INFRASTRUCTU…
- **Respondents:** Power Finance…

## Timeline

- **2022-11-11 — Expiration of 15-day…**: The 15-day period for…
- **2022-11-11 — Appeal e-…**: The appeal was e-filed…

## Legal provisions

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

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