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2025 Supreme(Online)(NCLAT) 108

NATIONAL COMPANY LAW APPELLATE TRIBUNAL
Barun Mitra, Member (Technical)
CA Ramchandra Dallaram Choudhary, Liquidator of Anil Limited – Appellant
Versus
Adani Infrastructure & Developers Pvt. Ltd. – Respondent


For the Appellants/Petitioners:Mr. Ramji Srinivasan Sr. Advocate, Mr. Atul Sharma, Mr. Arjun Bhatia, Ms. Shefali Munde
For the Respondents:Mr. Arun Kathpalia, Shri Krishnendu Datta Sr. Advocates, Mr. Siddharth Aggarwal, Mr. Anirudh Bhat, Mr. Akhil Nene, Mr. Aditya Dhupar

Table of Content
1. application for delay in refiling appeal. (Para 1 , 2 , 3)
2. respondent's opposition to delay condonation. (Para 4 , 5 , 6 , 7 , 8)
3. court's scrutiny of delay justification. (Para 9 , 10 , 11 , 12 , 13 , 14 , 15)
4. assessment of administrative oversight and delays. (Para 16 , 17 , 18 , 19)
5. rejection of delay condonation application. (Para 20)

ORDER

(Hybrid Mode)

Per: Barun Mitra, Member (Technical)

The present application I.A. No.8709 of 2024 is an application filed by the Applicant praying for condonation of 115 days delay in refiling of Company Appeal (AT) (Insolvency) No. 2316 of 2024.

2. Notice was issued in respect of the refiling delay condonation application by this Tribunal vide order dated 13.12.2024 which notice was accepted in Court by the Ld. Counsel for Respondent. As prayed, the Respondent was allowed two weeks’ time to file their reply and Applicant was allowed the liberty to file their rejoinder.

3. The Applicant has given the following explanation at paragraphs 2.3 to 2.4 of the application justifying their refiling delay which is extracted hereunder:-

“2.3. The Applicant/Liquidator most humbly states and submits that the delay in rectifying the defe

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