2025 (2) TMI 1490

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.... Satvir Singh Gulia (Appellant/Operational Creditor) under Section 61(1) of the Insolvency and Bankruptcy Code, 2016 (IBC), against the Order dated 02.02.2024 passed by the Hon'ble 'Adjudicating Authority' (National Company Law Tribunal, Principal Bench, New Delhi) in CP (IB) No. 1059/(PB)/2020. 2. Before proceeding into the Appeal, we look into the Application under Rule 31 read with Rule 11 of the National Company Law Appellate Tribunal Rules, 2016, for condonation of delay of 170 days in refiling the present Appeal vide IA No. 6536 of 2024. The explanation for the delay in refiling is at paragraph 3 and 4 page 2 of the I.A. and is reproduced herein under: ".... 3) The Appellant has filed the instant Appeal within sta....

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....170 days. Reliance is placed on Ram Ratan Modi (Resolution Professional of Duncans Industries Ltd.) v Dail Consultants Ltd. & Ors., L.A. No. 4180 & 4510 of 2024 in Company Appeal (AT) (Insolvency) No. 1264 of 2024, where this Hon'ble Appellate Tribunal has held that: "5. When we look into the explanation given by the Appellant, it is clear that Appellant has not been vigilant in prosecuting the Appeal which was filed as earlier in August 2023 and refiled on May 2024 with huge delay of 278 days, the explanation given in the Application are not sufficient to condone the inordinate delay of 278 days. In the IBC Proceedings litigant who are negligent in prosecuting the proceedings cannot be given any indulgence especially when the ....

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....und to condone the delay. No court could be justified in condoning such an inordinate delay by imposing any condition whatsoever. The application is to be decided only within the parameters laid down by this Court in regard to the condonation of delay. In case there was no sufficient cause to prevent a litigant to approach the court on time condoning the delay without any justification, putting any condition whatsoever, amounts to passing an order in violation of the statutory provisions and it tantamounts to showing utter disregard to the legislature " 29. Attention is also drawn to a recent judgment of the Hon'ble Supreme Court in Pathapati Subba Reddy & Ors. v The Special Deputy Collector, 2024 SCC OnLine SC 513, where it wa....

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....lied) 4. The Respondent has also relied upon few other judgments of this Hon'ble Tribunal wherein huge delays in refiling have not been condoned. Firstly, he relies on Ram Ratan Modi vs Dail Consultants Ltd and Ors in Company Appeal (AT) (Insolvency) No. 1264 of 2024 decided on 12.09.2024, paragraphs 5 and 6, which are reproduced as under: ".... 5. When we look into the explanation given by the Appellant, it is clear that Appellant has not been vigilant in prosecuting the Appeal which was filed as earlier in August 2023 and refiled on May 2024 with huge delay of 278 days, the explanation given in the Application are not sufficient to condone the inordinate delay of 278 days. In the IBC Proceedings litigant who are negli....

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.... a time bound process and no wanton delay can be permitted in IBC proceedings." (emphasis supplied) 6. Respondent also relies upon Adisri Commercial Pvt Ltd vs Reserve Bank of India and Anr in Company Appeal (AT) (Insolvency) No. 1293 of 2022 decided in 21.12.2022, paragraph 18, which again doesn't tolerate condoning long refiling delays and is as under: ".... 18. Any question of delay condonation must go through deep and sufficient scrutiny in the context of the Code. The circumstances cited for condonation of delay in re-filing has to be in consonance with the aims and objects of the Code and not frustrate the scheme of the Code. The natural corollary that follows is that condonation of delay in re-filing is not av....

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....'ble Appellate Tribunal wherein condonation of delay in refiling has been condoned by this Hon'ble Appellate Tribunal in Rajesh J Shah & Ors. Vs. Sanjay Kumar Agarwal & Ors. in Company Appeal (AT) (Insolvency) No. 1490 of 2024, Compliance Construction Contracts Pvt. Ltd. Vs. Rishabh Buildwell Pvt. Ltd. in in Company Appeal (AT) (Insolvency) No. 1108 of 2022, Maharashtra State Electricity Distribution Company Ltd. Vs. Uttam Galva Steels Ltd. & Ors. 2023 SCC OnLine NCLAT 699, Tecpro Systems Ltd. Vs. NTPC Ltd. 2023 SCC OnLine NCLAT 2221, Anish Agarwal Resolution Professional of Tayo Rolls Ltd. Vs. Orissa Metaliks Pvt. Ltd. 2022 SCC OnLine NCLAT 4591, Collector, Land Acquisition Anantnag and Anr. Vs. Ms. Katiji & Ors. (1987) 2 SCC 107, S.K. Vis....