TaxTMI 
TaxTMI 
2026 (4) TMI 872
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...., Ayuj Agrawal, Adv. for SBI ORDER Per: Barun Mitra, Member (Technical) I.A. No. 7489 of 2025 is an application filed by the Appellant praying for condonation of 112 days' delay in re-filing of Company Appeal (AT) (Ins) No. 1952 of 2025. 2. It is the submission of the Appellant that the delay occurred due to defects pointed out by the Registry in the appeal petition which was not only voluminous but contained documents which were illegible and required re- scanning, re-typing and re-compilation. The principal reason attributed for the delay was the impediments faced in the retrieval of certain original documents located in Mumbai which were not readily traceable. This resulted in 112 days delay in refiling despite diligent and b....
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....siderable time despite diligent efforts on the part of the Appellant." 3. Notice was issued by this Tribunal on 23.12.2025 in respect of the present I.A. and the Respondent granted time to file reply to the Application seeking condonation of delay in re-filing. The order reads as under: ".......Notice be issued to the respondents in the amended memo of parties in I.A. No. 7489 of 2025 praying for condonation of delay of 112 days in re-filing of the appeal. Reply be filed within three weeks. List on 03rd February, 2026." 4. Pursuant thereto, reply has been filed by the Respondent opposing the Application for condonation of delay in re-filing. Reply has been filed by the Respondent to the refiling delay condonation application ....
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.... both the parties and perused the material on record. The question which falls for determination is whether the Applicant has made out sufficient cause to explain the 112 days' delay in re-filing of the Appeal for condonation thereof. 6. It is the case of the Applicant that after filing of this Appeal, the Registry had pointed out several defects which required rectification. Since the appeal petition comprised of voluminous annexures including forensic audit material, minutes of CoC meetings, IBBI disciplinary orders etc. and many of these required to be re-scanned and re-typed, the whole process was a time- consuming exercise. Additionally, compliance with the Registry's procedural objections regarding re-pagination, index-restructurin....
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....ted hearing. 7. Repelling the grounds for delay condonation raised by the Applicant, the Respondent vehemently contended that these explanations are devoid of merit; lack in bonafide and is wholly unsupported by any cogent material. The grounds of re-pagination, restructuring of appeal paper book, compilation of annexures, re-scanning of documents and retrieval of records from different locations relied upon by the Applicant are vague, routine and procedural in nature and they do not constitute sufficient cause for condoning such an inordinate and protracted delay of 112 days. It is further submitted that no defect sheet has been placed on record nor has any specific defect been identified, the redressal of which required so much time. T....
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....ry scheme of IBC mandates expeditious and time-bound adjudication. There is a need to bring about finality and certainty in litigation in IBC related matters as this Code has time-bound resolution as one of its primary and central objective. Re-filing delay can be condoned only when the Applicant can successfully demonstrate that the causes of delay were beyond its control. From the various judgments of this Tribunal relied upon by the Respondent, we clearly notice that this Tribunal has consistently held that merely by adverting to routine reasons like re-pagination, formatting issues, compilation of annexures/documents etc. cannot justify prolonged and unexplained delay in curing defects. In the present case, the explanation furnished by ....
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....ed and what remained to be done was curing of defects. This cannot legitimately explain a delay of as many as 112 days to invoke our discretion in favour of the Applicant's plea for refiling delay condonation. We are, therefore, constrained to hold that the explanation offered is insufficient to warrant condonation of the delay. 9. It is the case of the Applicant that even though there is a delay of 112 days in re-filing the Appeal, the same deserves to be condoned by adopting a liberal approach in the interest of justice by relying on the judgement of the Hon'ble Apex Court in Dallaram Choudhary judgement supra. There can be no quarrel with the above proposition laid down by the Hon'ble Supreme Court that a liberal approach may be adopt....