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NCLAT Delhi Allows Appeal Re-Filed After 197 Days Of Delay, Subject To Cost Of Rs.10,000 Payable To Respondent

Pallavi Mishra
6 Sep 2022 3:45 AM GMT
NCLAT Delhi Allows Appeal Re-Filed After 197 Days Of Delay, Subject To Cost Of Rs.10,000 Payable To Respondent
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The National Company Law Appellate Tribunal ("NCLAT"), Principal Bench, comprising of Justice Ashok Bhushan (Chairperson), Justice M. Satyanarayana Murthy (Judicial Member) and Mr. Barun Mitra (Technical Member), while adjudicating an appeal filed in Dinesh Mehta v Amit Kumar Mehta & Anr., has allowed an appeal which was re-filed after 197 days of delay by the Appellant, subject...

The National Company Law Appellate Tribunal ("NCLAT"), Principal Bench, comprising of Justice Ashok Bhushan (Chairperson), Justice M. Satyanarayana Murthy (Judicial Member) and Mr. Barun Mitra (Technical Member), while adjudicating an appeal filed in Dinesh Mehta v Amit Kumar Mehta & Anr., has allowed an appeal which was re-filed after 197 days of delay by the Appellant, subject to payment of cost of Rs. 10,000/- to the Respondent.

Background Facts

Mr. Dinesh Mehta ("Appellant") filed an appeal before the NCLAT with 197 days delay in refiling the Appeal. It was submitted that a document was to be filed alongwith the Appeal which had foreign origin – Sharjah, United Arab Emirates and delay had occurred due to time taken in obtaining translated copy of the document.

The Respondent No.1 opposed the Appellant's submission while contending that the document had no relevance in the Appeal and no letter has been annexed by the Appellant with such intimation which was sent to the Registrar.

The Bench opined that sufficient cause has been shown to allow application for condonation of delay of 197 days in refiling the Appeal, however, subject to payment of a cost of Rs.10,000/- to the Respondent No. 1.

The appeal was allowed.

Case Title: Dinesh Mehta v Amit Kumar Mehta & Anr.

Case No.: Company Appeal (AT) (Insolvency) No. 1035 of 2022

Counsel For Appellant: Mr. Santosh Kumar, Mr. Bhaskar Nayak and Mr. Adith Nair, Advocates.

Click Here To Read/Download Order

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