'Why Can't Govt Of India Adhere To Timelines?' : Supreme Court Calls For Introspection By Authorities On Delay In Filing Petitions

The Supreme Court today (January 3) expressed the need for Central Government authorities like the NHAI to introspect on the reasons for the excessive delays in filing appeals.The bench of CJI Sanjiv Khanna and Justice Sanjay Kumar was hearing a challenge by the National Highways Authority of India (NHAI) against the order of the NCLAT which refused to entertain its appeal in an IBC-related dispute due to limitation. Taking a serious view of the delay by the NHAI in taking an appropriate course of legal action, the CJI stressed on the need for the Government Authority to introspect into its administrative workings. " I think everyone is adhering to the time schedule in almost 95% of cases, why should the Govt. of India not be able to adhere to it? There is something wrong somewhere, a delay of 295 days! ....there is some introspection which needs to be done." Solicitor General Tushar Mehta (SG) appearing for the NHAI agreeing to the said suggestion, reverted : " I undertake to speak to the Chairman. Let him go into it, why there was lethargy or otherwise". The matter before the bench was related to IBC proceedings, where the NHAI was an operational creditor and certain concessionaires had defaulted in payments. The NHAI was mainly aggrieved by the new resolution plan passed in its absence and without its consent to the terms brought in by a new concessionaire. The SG explained that the resolution professional had advised the NHAI to file an application under Form F (Proof of claim by any other stakeholder). Refusing to dwell on the merits of the matter, the CJI expressed, " Look you should have immediately acted upon and there is some introspective which needs to be done. The bench accordingly dismissed the matter, observing that the same was barred by limitation. Sr Advocate Shyam Divan appeared for the respondents. Case Details : NATIONAL HIGHWAY AUTHORITY OF INDIA Versus IVRCL CHENGAPALLI TOLLWAYS LTD AND ORS| Diary No. 46628-2024 Related - Penalize Govt Officers Who Cause Delay In Filing Of Appeals : Supreme Court Directs All States Click Here To Read/Download Order

'Why Can't Govt Of India Adhere To Timelines?' : Supreme Court Calls For Introspection By Authorities On Delay In Filing Petitions

Anmol Kaur Bawa

Tags