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Gujarat Industrial Development ... vs Merchem Limited & Anr

National Company Law Appellate Tribunal9 September 2022Ashok Bhushan

Ratio decidendi

The rule this decision rests on

A delay in refiling a defective appeal is not condoned where the delay is inordinate and the applicant gives no satisfactory explanation for it, nor shows the vigilance required to ensure the appeal is refiled at an early date; in such a case the court rejects the application for condonation of delay and, consequently, the memo of appeal.

Written by Miss Lucy from the judgment below, not taken from a headnote.

Judgment

As delivered

NATIONAL COMPANY LAW APPELLATE TRIBUNALPRINCIPAL BENCH, NEW DELHICompany Appeal (AT) (Insolvency) No. 1106 of 2022& I.A. No. 3279 & 3280 of 2022IN THE MATTER OF:

The Gujarat Industrial Development Corporation & Anr. ...Appellants

Versus

Merchem Ltd. & Anr. ...Respondents

Present: For Appellants: Mr. Shivmangal Sharma, Mr. Shrinjan Khosla, Mr. Siddharth Puri and Mr. Santosh Kumar, Advocates. For Respondents:

ORDER

09.09.2022: I.A. No. 3279 of 2022

This is an application filed for condonation of 618 days delay in refiling

the present Company Appeal. The Company Appeal was filed by the Appellant

against the order dated 06.11.2020 in this Tribunal on 21.12.2020 and has

been refiled on 08.09.2022.

2. In the application for condonation of delay, it has been submitted that

on 29.02.2022, the office of the counsel was shifted and in the said shifting

the file pertaining to the captioned case went missing and thereafter the filed

was reconstructed on 31.08.2022.

3. When the appeal was filed on 21.12.2020 and on 22.02.2020 this

Tribunal scrutinize the appeal and defects were notified, the shifting of office

of the counsel, as claimed, is on 29.02.2022 i.e. after more than four months.

Cont'd.../ 2

4. Learned counsel for the Appellant submits that due to COVID-19

documents required from the Department for refiling cannot be managed.

5. The delay in refiling is inordinate and no satisfactory reason has been

given in the application to condone delay of 618 days in refiling the appeal.

The Appellant, who had filed the Appeal is also not shown to be vigilant to

ensure that the appeal is refiled at an early date. The delay being inordinate,

we reject the application for condoning refiling delay. In view of the aforesaid,

the Memo of Appeal is rejected.

[Justice Ashok Bhushan] Chairperson

[Barun Mitra] Member (Technical) Archana/nn

Company Appeal (AT) (Insolvency) No. 1106 of 2022

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