# Rajiv Ranjan Sharma & Anr., Kiran Hariraj Vishwakarma & Anr. vs. Vikas Gopichand Khiyani

> NCLAT judgment dated 2026-09-02. Citation: TCN-2026-NCLAT-00257. The Appellants, individual home buyers, filed applications to condone a 40-day delay in…

- **Court:** NCLAT
- **Order date:** 2 Sept 2026
- **Citation:** TCN-2026-NCLAT-00257
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/rajiv-ranjan-sharma-anr-kiran-hariraj-vishwakarma-anr-vs-vikas-gopichand-khiyani-cnv4a

## Summary

### Background

The Appellants, individual home buyers, filed applications to condone a 40-day delay in filing appeals against an order dated 18th November 2025 passed by the National Company Law Tribunal, Mumbai Bench. The NCLT order had dismissed their application as premature. The appeals were eventually e-filed on 3rd February 2026.

## Facts

Appellants filed applications to condone a 40-day delay in filing appeals.

The appeals are against an NCLT order dated 18th November 2025, which dismissed the appellant's application as premature.

The impugned order was pronounced on 18th November 2025 in the presence of the counsel for the appellant/applicant.

The impugned order was uploaded on the NCLT portal on 09th December 2025.

Appellants' counsel's office was closed from 8th December 2025 to 2nd January 2026.

The limitation period for filing the appeal started on 19th November 2025.

The 30-day period for appeal expired on 18th December 2025.

The maximum condonable period of 15 days, added to the 30 days, expired on 2nd January 2026.

The appeals were e-filed on 3rd February 2026.

…

## Issues and analysis

### Issue 1: Whether the delay of 40 days in …

**Ratio:** Delay in filing appeals beyond the statutory condonable period cannot be excused,

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**Reasoning:** The Appellants claimed the delay was due to non-communication, NCLT portal upload delay,

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**Interpretation:** The NCLAT strictly interprets Section 61(2) of the IBC, which allows a maximum

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**Application:** The NCLAT applied the principles from V Nagarajan, Sanket Kumar Agarwal, and

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## Parties

- **Judges:** Mohammad Faiz…; Naresh Sa…
- **Appellants:** Rajiv Ranjan…; Kiran Hariraj…
- **Respondents:** Vikas Gopichand…
- **Advocates:** Nipun G…; Darpan…; +1 more

## Timeline

- **2025-11-18 — NCLT Order Pr…**: The impugned order was passed/pronounced by the National Company Law Tribunal, Mumbai…
- **2025-11-19 — Limitation Peri…**: The limitation period for filing the…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 61(1) — Appeals and Appellate Authority](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-61)

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