# In the matter of Shakuntla Devi Kulshrestha vs. Sunil Kumar Aggarwal (RP) & Anr.

> NCLAT judgment dated 2026-03-13. Citation: TCN-2026-NCLAT-00034. The case involves an appeal against an impugned order where the appellant was given liberty…

- **Court:** NCLAT
- **Order date:** 13 Mar 2026
- **Citation:** TCN-2026-NCLAT-00034
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/shakuntla-devi-kulshrestha-vs-sunil-kumar-aggarwal-72682875

## Summary

### Background

The case involves an appeal against an impugned order where the appellant was given liberty to approach the Resolution Professional (RP). The appellant claims to have approached the RP but received no reply, causing a delay in filing the appeal.

## Facts

The appellant, Shakuntla Devi Kulshrestha, filed an appeal against an order dated 21.11.2025.

The appellant claims a delay of 51 days in filing the appeal.

The appellant was given liberty to approach the Resolution Professional (RP) in the impugned order.

The appellant claims to have approached the RP but received no reply, causing the delay.

The appeal was e-filed on 10.02.2026.

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

## Issues and analysis

### Issue 1: Whether the delay of 51 days in filing the appeal can be condoned given the limitations under …

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

…

**Reasoning:** The court explicitly states that it does not have the jurisdiction to condone a delay

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**Interpretation:** Section 61(2) proviso of the IBC imposes a strict limit on the court's power to

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**Application:** Since the delay was 51 days, exceeding the 15-day limit, the delay condonation

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## Parties

- **Judges:** Ashok Bh…; Barun M…
- **Appellants:** Shakuntla Devi…
- **Respondents:** Sunil Kumar…; Resolution…
- **Advocates:** Arun Sh…; Rakesh…; +4 more

## Timeline

- **2025-11-21 — Impugned Ord…**: The date of the impugned order where the appellant was given liberty to approach the…
- **2026-02-10 — Appeal E-…**: The date on which the…

## 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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