Chittaranjan Locomotive Works vs M/S Stesalit Ltd. & Ors

Mr. Joydeep Mazumdar, Mr Debojyoti Bhattacharya, Ms Subhangi S, Advocates for appellant. Mr. Divyakant Lahoti, Mr Abhinav Vasisht, Sr. Advocate, Ms Priya Singh, Ms Praveena Bisht, Advocates for R1.

ORDER

(VIRTUAL MODE)

24.08.2021: Learned counsel for the appellant and respondent are present.

The appellant have filed the Company Appeal (AT)(Insolvency)

No.627/2021 and have also filed IA No.1669/2021 praying to condone the

delay of 999 days in filing the present appeal.

Heard learned counsel for the appellant.

Learned counsel for the appellant submitted that he came to know

about the order dated 20.07.2018 passed in Company Petition (IB)No.

512/KB/2017 vide letter issued by one Mr Neeraj Jain, Member, Monitoring

Committee dated 05.09.2018 (Annexure A/2 of Appeal Paper Book Page 54)

addressed to Principal Chief Electrical Engineer, Chittranjan Locomotive

Works regarding Placement of Orders. The letter dated 05.09.2018 reveals

that Mr. Neeraj Jain, Member-Monitoring Committee have informed the

appellant that they have taken over the Management of M/s Stesalit Ltd, 2

Respondent No.1, through NCL orders and in terms of the order of NCLT

Kolkata requested for placing of orders on Respondent No.1 for all items

which which M/s Stesalit was used to supply.

It was also submitted vide letter dated 14.11.2018 (Annexure A/5, Page

67 of Appeal Paper Book) issued under the signatures of Mr. Neeraj Jain,

Member-Monitoring Committee addressed to the Deputy CEE-D1,

Chittaranjan Locomotive Works, subject-supply of materials for electric

Locomotive of Indian Railways (CLW), regarding placement for fresh orders.

Learned counsel for the appellant further submitted that due to Covid

situation and due to internal procedure and permission required to file the

appeal, the appellant could not file the appeal in time and it has been filed

after delay of 999 days. Learned counsel for the appellant made prayer to

condone the delay, IA be allowed and appeal be admitted.

Learned senior counsel, Mr. Abhinav Vashist, for the Respondent No.1

on the other hand opposed the prayer and submitted and drew the attention

of this Court to Annexure A/8 (Page 76 of the Appeal Paper Book) which is

circular issued by Government of India, Ministry of Railways (Railway Board)

No.2019/LC/Misc/6 issued under the signature of Deputy Legal Advisor,

Railway Board addressed to all General Managers, Indian Railway on the

subject, Implementation of Judgements by all departments of Railways.

Circular also mentions about the resolution plan approved by the NCLT,

Kolkata vide order dated 20.07.2018 in the case of Stesalit Ltd, Respondent

No.1 and only after that the appellant have taken steps for filing the instant

appeal. Learned counsel for the Respondent No.1 submits that no cogent 3

reasons has been mentioned in the appeal and also in the IA and the IA and

appeal deserves to be dismissed.

After hearing the arguments of the parties on appeal as well as on IA,

we are of the view that vide Annexure A/2 at Page 54 of Appeal Paper Book

letter dated 5.9.2018 issued under the signature of MR. Neeraj Jain and

further letter dated 14.11.2018 at Annexure A/5 at Page 67 of the Appeal

Paper Book, which is also issued under the signature of Mr. Neeraj Jain,

Member-Monitoring Committee, the appellant have full knowledge of approval

of resolution plan, the appellant have taken no steps for filing the appeal

within limitation period and further no reasons have been mentioned for not

filing the appeal and delay is more than three years.

We donot find any merit in the IA. Accordingly we are unable to

condone the delay. IA No.1669/2021 is accordingly dismissed and

accordingly appeal is also hit by limitation and it is dismissed. No order as to

cost.

(Justice Anant Bijay Singh) Member (Judicial)

(Ms Shreesha Merla) Member (Technical) Bm/nn