Alt Sahakari Awas Samiti vs Sarvottam Realcon Private Limited & Ors
- CitationComp. App. (AT) (Ins) No. 880 of 2026
Ratio decidendi
The rule this decision rests on
A party seeking condonation of delay in refiling an appeal must show sufficient cause for the delay; a bare assertion that pending proceedings elsewhere prevented the defects from being cured within the prescribed period, without more, does not constitute sufficient cause for a delay of 273 days beyond a 7-day refiling requirement under the NCLAT Rules, 2016, and such inordinate delay cannot be condoned.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
IN THE MATTER OF: Alt Sahakari Awas Samiti ...Appellant(s)
Versus
Sarvottam Realcon (Pvt.) Ltd. ...Respondent(s)
Present: For Appellant(s) : Mr. Amit Keshri Pradhan, Advocate.
For Respondent(s) : Mr. Abhijeet Sinha, Sr. Advocate with Mr. Kunal Godhwani and Ms. Kinjal Chadha, Advocates for R1.
ORDER
(Hybrid Mode)
25.05.2026 I.A. No. 3375 of 2026: This is an application praying for
condonation of 273 days delay in refiling of the Appeal. Only reason given is
in Para-3 of the application, which is as follows:
"3. That the Appellant on 27.07.2025 has preferred Company Appeal, however due to pending matters of the Appellant before the High Court of Judicature at Allahabad pertaining to the same matter, as-well-as before the Housing Commissioner, Avas Vikas Parishad, Lucknow the defects could not be cured within the stipulated time of 7 days as per the NCLAT Rules 2016. There has been delay of 273 in refiling the Appeal."
The reason given in Para-3 cannot be held to be any sufficient reason
for condonation of 273 days in refiling of the Appeal which refiling was
required to be done under Rule within 7 days, inordinate delay of 273 days in
refiling of the Appeal cannot be condoned and application for condoning refiling delay is rejected. Consequently, the Memo of the Appeal as well as
delay condonation is rejected.
[Justice Ashok Bhushan] Chairperson
[Barun Mitra] Member (Technical) Abhishek/Manu
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