Ajay Dhawan vs D.S.G. Papers Private Limited
- CitationCompany Appeal (AT) (Insolvency) No. 2257 of 2024
Ratio decidendi
The rule this decision rests on
The Tribunal condones a 14-day delay in filing an appeal where the appellant, resident abroad, was without effective communication to give timely instructions, and the respondent filed no reply to that application; a delay of this length on that ground constitutes sufficient cause. Refiling of an appeal after the period permitted for its re-presentation may be condoned only where the applicant gives a proper and sufficient explanation for the inordinate delay; a bare assertion that earlier counsel did not inform the appellant of the refiling delay, unsupported by a convincing account of the intervening period, does not amount to such an explanation, and an unexplained delay of 245 days cannot be condoned. Where the refiling delay is not condoned, the memo of appeal falls with it and the appeal stands rejected.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
IN THE MATTER OF: Ajay Dhawan ...Appellant Versus D.S.G. Papers Pvt. Ltd. ...Respondent
Present: For Appellant : Ms. Niharika Ahluwalia and Ms. Mihir Gupta, Advocates.
For Respondent : Mr. Rakesh Kumar, Mrs. Preeti Kashyap and Mr. Ankit Sharma, Advocates.
ORDER
(Hybrid Mode)
09.04.2025 : I.A. No. 8479/2024
1. This is an application praying for condonation of 14 days delay in filing
of the appeal.
2. The ground given in the application is that appeal is filed by the
appellant through its Power of Attorney Holder Mr. Sanjay Dhawan and it is
submitted that appellant is resident of USA and due to lack of effective
communication, appellant could not get timely instructions for filing of the
appeal.
3. Learned counsel for the respondent has not file any reply to the said
delay condonation application.
4. We find sufficient cause to condone the delay of 14 days.
Delay condoned.
I.A. No. 8466/2024
1. This is an application praying for 245 days delay in refiling of the
appeal.
2. Appellant has filed an additional affidavit in support of the refiling delay
application. A reply has been filed by the respondent opposing the
condonation of refiling delay.
3. Learned counsel for the appellant in the additional affidavit submits
that appellant came to know that application for condonation of delay being
8479/2024 & 8466/2024 are verbatim and appellant was not informed by
earlier counsel that there is huge delay in refiling.
4. Learned counsel for the respondent opposing the submission submits
that application for refiling delay dated 28.10.2024 has been filed with the
affidavit of same person Mr. Sanjay Dhawan who has filed the appeal and
delay condonation application which is dated 28.10.2024 and submission of
the appellant that both applications i.e., delay condonation application and
refiling delay application are verbatim is incorrect.
5. We have perused the applications and we do not find that they are
verbatim applications.
6. In application for condonation of refiling delay the reasons have been
given in paragraph 3. The refiling delay application has been filed on
28.10.2024, we are of the view that there is no sufficient explanation for
condoning 245 days delay in refiling of the appeal.
7. We do not find any good ground to condone the inordinate delay of 245
days for which there is no proper explanation.
Comp. App. (AT) (Ins.) No. 2257 of 2024 & I.A. No. 8479 & 8466 of 2024 2 of 3 Refiling delay application is rejected. Memo of appeal is also rejected.
[Justice Ashok Bhushan] Chairperson
[Barun Mitra] Member (Technical)
[Arun Baroka] Member (Technical) himanshu/nn
Comp. App. (AT) (Ins.) No. 2257 of 2024 & I.A. No. 8479 & 8466 of 2024 3 of 3
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