Astral Agro Ventures vs Mr. Vakati Balasubramanyam Reddy
- CitationCompany Appeal (AT) (Insolvency) No. 530 of 2025
Ratio decidendi
The rule this decision rests on
The delay in filing an appeal within the condonable period, where the appellant explains it by time taken to give instructions and assemble documents for the advocate (including the appellant's absence from town), constitutes sufficient cause for condonation of delay; the Tribunal accordingly condoned the 11-day delay and issued notice on the appeal.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
IN THE MATTER OF: Astral Agro Ventures ...Appellant
Versus
Vakati Balasubramanyam Reddy & Ors. ...Respondents
Present: For Appellant: Ms. Madhavi Nalluri, Advocate. For Respondents: Mr. Harshit Khare, Mr. Suraj Anand, Mr. Pulkitesh Dutt Tiwari, Advocates for R-1. Mr. Shivesh Kaushik, Advocate for R-3.
ORDER
(Hybrid Mode)
30.04.2025: I.A. No. 2014 of 2025: This application has been filed by
the Appellant praying for condonation of 11 days' delay in filing the appeal.
The grounds for condonation have been given in Para 2(c) of the application.
Learned counsel for the Appellant further submitted that some time was taken
in approaching the advocate to prepare the appeal and file the same.
2. Learned counsel for the Respondent opposing the prayer of the
Appellant submits that free of cost copy was obtained on 11.02.2025 and
appeal could be filed only on 19.02.2025. Learned counsel for the Respondent
No.1 submits that appeal was prepared on 08.02.2025 which was filed only
on 19.02.2025, which indicate that the Appellants were not diligent.
3. We have considered the submissions of learned counsel for the parties
and perused the record.
Cont'd.../ 2
4. The delay in filing the appeal is within the condonable period of 15 days
and reasons have been given that some time was taken in giving instructions
and relevant documents to the advocates for filing the appeal. It is submitted
that the sometime was taken as the Applicant was travelling and out of town.
Therefore, we find that there is sufficient cause to condone the delay. Delay
condoned. I.A. No.2014 of 2025 is disposed of.
5. Issue notice. Let Reply be filed within three weeks. Rejoinder be filed
within two weeks.
6. List this Appeal on 09.07.2025.
[Justice Ashok Bhushan] Chairperson
[Barun Mitra] Member (Technical)
[Arun Baroka] Member (Technical) Archana/nn
Company Appeal (AT) (Ins.) No.530 of 2025
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