Suresh Kumar Gupta vs Mr. Sunil Kumar Agrawal Resolution ...
- CitationCompany Appeal (AT) (Ins) No. 1080 of 2025
Ratio decidendi
The rule this decision rests on
The Tribunal condones a delay in preferring a claim where the claimant's illness is the reason for the delay, and the Tribunal is satisfied with those reasons; the Resolution Professional is directed to consider the claim in accordance with law.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
Company Appeal (AT) (Ins) No. 1080 of 2025 IN THE MATTER OF: Suresh Kumar Gupta ...Appellant
Versus
Sunil Kumar Agrawal, ...Respondents RP of Ansal Crown Infrabuild Pvt. Ltd.
Present: For Appellant : Mohd. Faris, Mohd. Yawar, Mohd. Sufiyan, Mohd. Ashraf, Advocates. For Respondent : Mr. Rakesh Kumar, Ms. Preeti Kashyap, Mr. Ankit Sharma, Mr. Sahil Chawla, Advocates for RP.
ORDER
(Hybrid Mode)
29.10.2025: This appeal is directed challenging an order of the
Adjudicating Authority dated 28.05.2025 by which the prayer of the appellant
to condone a delay of 418 days in preferring a claim has been rejected.
2. Learned Counsel for the appellant has submitted that the appellant is a
69 year old homebuyer and is a cancer survivor and that it is because of his
illness he could not prefer his claim in time.
3. To a pointed query the counsel for the Respondent/RP has submitted
that there is prima facie material available to consider the claim of the
appellant.
4. We are satisfied with the reasons stated for the delay in preferring the
claim by the appellant and we accordingly condone the same. The RP is now -2-
required to consider the claim of the appellant in accordance with law. The
appeal is accordingly disposed of.
[Justice N Seshasayee] Member (Judicial)
[Mr. Arun Baroka] Member (Technical)
[Mr. Indevar Pandey] Member (Technical)
SA/sk
Company Appeal (AT) (Ins) No. 1080 of 2025
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