# 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-00056. M/s Aneja Constructions (India) Private Limited (appellant/plaintiff) filed a commercial appeal…

- **Court:** HC
- **Order date:** 29 Sept 2026
- **Citation:** TCN-2026-HC-00056
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/bombay-high-court-panaji/aneja-constructions-india-private-limited-vs-kanti-bijl-iinyr

## Summary

### Background

M/s Aneja Constructions (India) Private Limited (appellant/plaintiff) filed a commercial appeal against a judgment dated 16.12.2025 by the Principal District Judge-cum-Commercial Court, Muzaffarpur. The original suit (Commercial Case No.01 of 2019) was filed by the appellant seeking specific performance of contract, release of outstanding amounts, and permanent injunction against M/S Kanti Bijlee Utpadan Nigam Limited (defendant no.1) and M/s Tecpro Systems Limited (defendant no.4). The appellant claimed to be a sub-contractor of defendant no.4, working on a project for defendant no.1. During the pendency of the suit, defendant no.4 went into liquidation via an NCLT order dated 16.01.2020, a fact unknown to the Commercial Court when it passed its judgment. The appeal

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## Facts

The appellant (M/s Aneja Constructions (India) Private Limited) filed an appeal seeking condonation of a 27-day delay in filing.

The appellant's head office is based in New Delhi, and oral information about the impugned judgment was received.

The impugned judgment was pronounced on 16.12.2025.

Due to court holidays, the appellant's counsel was unable to apply for a certified copy until January 2026.

The certified copy of the impugned judgment was made available to the appellant on 24.01.2026.

The Board of Directors of the appellant decided to file an appeal in mid-February 2026, leading to the 27-day delay.

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## Issues and analysis

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

**Ratio:** Delay of 27 days in filing the appeal is condoned, relying on the Supreme Court judgment

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**Reasoning:** The delay was for a short period only, and in the meantime, no third-party equitable

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**Interpretation:** Courts adopt a liberal approach to condonation of delay when the delay is minor

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**Application:** The I.A. No. 1 of 2026 seeking

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## Parties

- **Judges:** HONOURABLE MR.…; HONOURABLE MR.…
- **Appellants:** M/s Aneja…; Rakesh…
- **Respondents:** M/S TECPRO…; M/S Kanti Bijlee…; +6 more
- **Other parties:** Committee of…
- **Advocates:** Nikhil Kumar…; Aditi Han…; +9 more

## Timeline

- **2015 — Original Sui…**: The plaintiff filed Title Suit No.330 of 2015 in the Court of learned Sub-Judge 1st,…
- **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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