Ms. Sunita Sharma Through Power Of ... vs Ms. Chaya Gupta Resolution ...

Comp. App. (AT) (Ins) No. 1622 of 2025 & I.A. No. 6331, 6392 of 2025 IN THE MATTER OF:

Sunita Sharma, Through Power of Attorney Manish ...Appellant(s) Jain

Versus

Haya Gupta, RP of JSM Devcon India Pvt. Ltd. & ...Respondent(s) Anr. Present: For Appellant : Mr. Siddharth Jain, Manu Maheshwari, Adv. For Respondents : Mr. Kesav Khandwelwal, Erstwhile SRA

ORDER

(Hybrid Mode) 08.01.2026: I.A No. 6331 of 2025: This is an application praying for

condonation of delay of 271 days in refiling of the appeal. The order impugned

was passed on 11.11.2024. The Appellant filed this appeal with delay of 13

days and separate application for condonation of delay has been filed. The

defects were notified which was to be cured within 7 days. The reason given

for delay of 271 days in para 3 and 4 which are as follows:-

3. It is submitted that the abovementioned appeal was filed by the Appellant on 24.12.2024 along with an application for condonation of delay in filing the appeal. Subsequently, the registry of this Hon'ble Tribunal raised defects in the said filings on 02.01.2025 to be cured within 7 days, with the overall due date for refiling being 03.03.2025, as reflected in the online portal of the Hon'ble NCLAT. However, the appeal, after curing the defects, is being filed before this Hon'ble Tribunal on 02.01.2025 Therefore, there is a delay of 271 days in filing the rectified appeal.

4. It is humbly submitted that the aforesaid delay is unintentional and not deliberate. The filing of the rectified appeal was delayed by 271 days since several annexures filed with the appeal were marked as illegible or dim. Procuring clear copies of the said documents took substantial time, and could ultimately be secured only recently. Hence, the refiling is being done at the earliest subsequent to the securing of such documents.

2. The refiling delay is inordinate delay of 271 days and the explanation

given in para 3 and 4 cannot be said to be any sufficient explanation for

condonation of inordinate delay. The CIRP is time bound process and we are

of the view that the delay in refiling cannot be condoned. The refiling delay

application is rejected.

3. Accordingly, the appeal is also rejected.

[Justice Ashok Bhushan] Chairperson

[Barun Mitra] Member (Technical) Sheetal/Manu