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As per case facts a successful resolution applicant challenged a National Company Law Appellate Tribunal NCLAT order that condoned a delay in an appeal filed by an erstwhile minority shareholder
...against the resolution plan's approval The shareholder electronically filed the appeal on the th day and physically filed it on the th day from the NCLT's order The NCLAT calculated the limitation period differently granting the benefit of a holiday to the -day period and finding the appeal within the extended -day window The question arose whether the NCLAT possessed the power to condone a delay beyond the maximum -day period prescribed under Section of the IBC and whether Section of the Limitation Act could extend the additional -day condonable period Finally the Supreme Court ruled that the total permissible period for filing an appeal under Section of the IBC is a strict maximum of days days days emphasizing the IBC s object of timely resolution It clarified that the benefit of Section of the Limitation Act only applies to the initial -day prescribed period citing Assam Urban Water Supply not the discretionary -day period Consequently the appeal was time-barred and the NCLAT's order condoning the delay was set aside as being ultra vires its powers