NCLAT appeal: how many days do you have?

By Aastha Vishwakarma, Advocate · 4 October 2026 · 2 min read

In September 2026 the Supreme Court restored an NCLAT appeal filed one day late, because the tribunal's own e-filing portal had failed, a reminder of how strict this deadline usually is.

How many days do you have to appeal to the NCLAT?

Under section 61(2) of the Insolvency and Bankruptcy Code, 2016, an appeal against an order of the National Company Law Tribunal (NCLT) must be filed before the National Company Law Appellate Tribunal (NCLAT) within 30 days of the order. The NCLAT can allow a further 15 days if there was sufficient cause for the delay, but no more. The Supreme Court has repeatedly held that 45 days is the absolute outer limit, and the NCLAT has no power to condone delay beyond it.

This is far stricter than the usual civil appeal timelines many people expect, so missing it by even a few days can end the appeal before it is heard on merits.

What did the Supreme Court recently decide?

In Regional Provident Fund Commissioner-II v. Ms. Mamta Binani (2026), the appellant tried to e-file an appeal on the last day of the condonable period, but the NCLAT's own online filing portal had a technical failure. The appeal was finally e-filed one day later, and the NCLAT dismissed it as time-barred.

The Supreme Court restored the appeal, holding that a litigant should not suffer for a fault in the tribunal's own system (the principle of actus curiae neminem gravabit: an act of the court should harm no one). It directed the NCLAT to treat the first genuine filing attempt as the date of filing. This is a narrow exception for proven system failure, not a general relaxation of the 45-day rule.

What you can do

1. Calendar the 30-day deadline from the date the NCLT order is pronounced, not from when a certified copy is received.
2. File well before the deadline; do not wait for the last day of the 15-day condonable window.
3. If the e-filing portal fails on a deadline day, take a screenshot or error message with a timestamp, and keep a record of every attempt.
4. Take legal advice on your own facts if an order has already gone against you, since the time already used cannot be recovered.

Sources

• Insolvency and Bankruptcy Code, 2016, Section 61 (India Code) (opens in a new tab)
• LiveLaw: Litigant Mustn't Suffer When Delay Is Due To E-Filing Technical Glitch — Supreme Court Restores NCLAT Appeal (opens in a new tab)
• Verdictum: Regional Provident Fund Commissioner-II v. Ms. Mamta Binani, 2026 INSC 1003 (opens in a new tab)