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Uttam Con Infrastructure Company Pvt ... vs Rail Vikas Nigam Limited

National Company Law Appellate Tribunal23 July 2024Ashok Bhushan

Ratio decidendi

The rule this decision rests on

The Tribunal's reasons for refusing condonation of the 585-day delay in refiling the appeal rest on the following principles: An asserted medical ground for delay, which lacks any foundation in the material placed before the Tribunal, cannot by itself constitute sufficient cause for condoning an inordinate delay in refiling an appeal. Proceedings under the Insolvency and Bankruptcy Code are time-bound, and an inordinate delay of that magnitude in refiling an appeal in such proceedings cannot be condoned; where the application for condonation is rejected, the memorandum of appeal stands rejected with it.

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.1256 of 2024& I.A. No.4267, 4489 of 2024

IN THE MATTER OF: Uttam Con Infrastructure Company Ltd. ...Appellant

Versus

Rail Vikas Nigam Ltd. ...Respondent

Present: For Appellant : Ms. Mohana Sharda, Mr. Vinay Kumar Jain, Advocates. For Respondent : Mr. Udit Seth, Mr. Roshan Roy, Advocates.

ORDER

(Hybrid Mode)

23.07.2024: I.A. No.4489 of 2024: This is an application praying for

condonation of 6 days' delay in filing the appeal. Sufficient cause has been

shown to condone delay of 6 days in filing the appeal. Delay condoned. I.A.

No. 4489 of 2024 is disposed of.

I.A. No.4267 of 2024: This is an application praying for condonation of 585

days' delay in refiling the appeal. Learned counsel for the Appellant submits

that the Appellant suffered from brain haemorrhage.

2. The ground which has been taken in the application for condonation of

delay are in Paras 3 and 4. Although there is no foundation to the ground

which is sought to be advanced during course of the hearing but that also

cannot be a ground to condone 585 days' delay in refiling the appeal. IBC

proceedings are proceedings which have to be completed in a time bound

Cont'd.../ 2

manner and such an inordinate delay of 585 days cannot not be condoned.

Delay Condonation Application is rejected. Memo of Appeal also stands

rejected.

[Justice Ashok Bhushan] Chairperson

[Barun Mitra] Member (Technical)

[Arun Baroka] Member (Technical) Archana/nn

Company Appeal (AT) (Insolvency) No.1256 of 2024

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