# M/s Aneja Constructions (India) Private Limited vs. M/S Kanti Bijlee Utpadan Nigam Limited & Ors.

> HC judgment dated 2026-09-29. Citation: TCN-2026-HC-00054. The appellant, M/s Aneja Constructions (India) Private Limited, filed a commercial appeal against a…

- **Court:** HC
- **Order date:** 29 Sept 2026
- **Citation:** TCN-2026-HC-00054
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/bombay-high-court-panaji/aneja-constructions-india-private-limited-vs-kanti-bijl-1l07y

## Summary

### Background

The appellant, M/s Aneja Constructions (India) Private Limited, filed a commercial appeal against a judgment of the Principal District Judge-cum-Commercial Court, Muzaffarpur. The original suit involved the appellant as a sub-contractor seeking reliefs against M/s Kanti Bijlee Utpadan Nigam Limited (defendant no.1) and M/s Tecpro Systems Limited (defendant no.4). Crucially, during the pendency of the suit, defendant no.4 entered liquidation proceedings via an NCLT order, a fact unknown to the Commercial Court which proceeded to pass judgment.

## Facts

The appellant, M/s Aneja Constructions (India) Private Limited, filed Commercial Appeal No.6 of 2026 against a judgment of the Principal District Judge-cum-Commercial Court, Muzaffarpur.

The appeal included an application (I.A. No. 1 of 2026) for condonation of a 27-day delay in filing.

The appellant's head office is in New Delhi, and there was a delay in obtaining a certified copy of the impugned judgment, which was pronounced on 16.12.2025.

The certified copy was made available on 24.01.2026, and the decision to appeal was made in mid-February 2026.

The original suit, Commercial Case No.01 of 2019 (formerly Title Suit No.330 of 2015), involved M/s Aneja Construction Limited (plaintiff) as a sub-contractor.

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## Issues and analysis

### Issue 1: Whether the delay of 27 days in …

**Ratio:** Delay in filing an appeal can be condoned if it is for a short period and no third-party

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**Reasoning:** The appellant's head office is in New Delhi, and there was a delay in obtaining the

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**Interpretation:** The court considered the circumstances leading to the delay and found it to be

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**Application:** Relying on State of Maharashtra v. Borse Bros. Engineers & Contractors (P)

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## Parties

- **Judges:** HONOURABLE MR.…; HONOURABLE MR.…
- **Appellants:** M/s Aneja…
- **Respondents:** M/S TECPRO…; M/S Kanti Bijlee…; +3 more
- **Other parties:** Committee of…; Board of Directors…; +2 more
- **Advocates:** Nikhil Kumar…; Aditi Han…; +9 more

## Timeline

- **2015 — Original Sui…**: Plaintiff filed Title…
- **2016-05-28 — IBC Enac…**: The Insolvency and Bankruptcy…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 60(5) — Adjudicating Authority for corporate persons](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-60)

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