The NCLAT upheld that a clerical rectification does not restart the limitation period for IBC appeals, confirming that existing disputes are subject to prior limitation constraints.
NCLAT Clarifies IBC Appeal Limitation Parameters
The National Company Law Appellate Tribunal (NCLAT) has ruled that a clerical rectification order does not reset the limitation period for appeals under the Insolvency and Bankruptcy Code (IBC). The ruling clarified that the appeal limitation remains bound by the original timeline, even if clerical errors are corrected.
This order emphasizes the strict adherence to limitation periods set forth under the IBC, reinforcing the notion that all parties must diligently track their timelines to preserve rights to appeal. The matter also underlines the importance of resolving disputes within the prescribed limitations.
For practitioners dealing with insolvency matters, the decision signifies the critical nature of strict compliance with limitation timelines. This ruling reinforces that clerical corrections will not provide a latitude for missing deadlines established by the law.
Citations
- NCLAT Order (2026) IBC 410

