No. A Companies Act appeal and an IBC appeal do not use the same filing period merely because both go from NCLT to NCLAT. Section 421 of the Companies Act uses forty-five days from when the order copy is made available to the aggrieved person, with a possible further period of no more than forty-five days on sufficient cause. IBC section 61 uses thirty days with a possible extension of no more than fifteen days on sufficient cause.
Which Act governs my order?
Read the cause title, application provision and operative order. A company can be involved in both corporate-governance and insolvency proceedings. The tribunal's name alone does not identify the appeal statute.
Put the exact provision on the front of the appeal file. If the order concerns a Companies Act petition, do not use an insolvency deadline calculator without analysis. If it is an IBC order, do not assume the more generous Companies Act wording applies.
| Route | Ordinary statutory period | Possible additional period |
|---|---|---|
| Companies Act 421 | Forty-five days from copy being made available | Up to forty-five days on sufficient cause |
| IBC 61 | Thirty days | Up to fifteen days on sufficient cause |
Does the additional period come automatically?
No. Both provisions require sufficient cause for the permitted delayed filing. The additional period is not a second ordinary deadline that can be used for convenience. Record the reason for delay with supporting dates and documents if condonation is needed.
The statutory outer limits make prompt calculation important. Do not assume that settlement discussions, a request for correction or an internal company approval process automatically extends time. The adviser must assess the applicable law and the actual chronology.
When does the clock start in my case?
For section 421, preserve evidence of when the copy became available. For IBC, commencement of limitation and exclusion of time for obtaining a certified copy require the applicable procedural law and judgments to be considered. This answer does not substitute an assumed email-receipt date for that analysis.
Keep the pronouncement date, upload date, copy application date, copy availability and delivery records. If someone says the order was never formally served, ask the adviser to test that against the governing rule rather than waiting for another communication.
Did the 2026 IBC amendment change these filing periods?
The 2026 amendment inserted section 61(6), prescribing disposal of an appeal within three months of receipt. The commenced amendment does not turn that disposal period into the appellant's filing deadline. Read the amendment and commencement separately from the existing subsection 2 filing rule.
A timetable for the tribunal to decide a case and a deadline for you to file it are different things. Do not rely on a headline saying appeals now take three months as permission to file within three months.
What should I do immediately?
Obtain the complete order, identify the statute and ask for a written deadline calculation. Start collecting the record, grounds and authorisation while any settlement discussion continues. If urgent interim protection is needed, discuss the appropriate stay request rather than assuming an appeal automatically suspends the order.
Check whether the order was made by consent. Section 421(2) bars an appeal from a consent order, which raises a separate issue if genuine consent itself is disputed. Do not spend the remaining filing time preparing the wrong remedy.
The useful first instruction to an adviser is specific: identify the appeal provision, calculate the ordinary and outer dates, explain any exclusions or condonation needed, and state what must be filed now.
This article is for general informational purposes only and does not constitute legal advice. Consult a qualified advocate for advice on your specific situation.