# In the matter of Aditiya Kumar Jajodia Vs. Srei Infrastructure Finance Ltd. & Ors. CA (AT) Nos. 292, 293 & 324-2017 (Interim Order)

> NCLAT judgment dated 2018-01-31. Citation: TCN-2018-NCLAT-00387. The case involves Company Appeals (AT) (Insolvency) 292, 293, and 324 of 2017 before the…

- **Court:** NCLAT
- **Order date:** 31 Jan 2018
- **Citation:** TCN-2018-NCLAT-00387
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/aditiya-kumar-jajodia-vs-srei-infrastructure-finance-ltd-ors-ca-65ccb4ad

## Summary

### Background

The case involves Company Appeals (AT) (Insolvency) 292, 293, and 324 of 2017 before the National Company Law Appellate Tribunal (NCLAT), New Delhi. The appeals relate to matters involving Aditya Kumar Jajodia Vs Srei Infrastructure Finance Ltd. & Ors., and Allahabad Bank Vs Srei Infrastructure Finance Ltd. & Ors. The appeals concern condonation of delay.

## Facts

Aditya Kumar Jajodia filed Company Appeal(AT)(Ins) 292 & 293 of 2017 against Srei Infrastructure Finance Ltd. & Ors. Allahabad Bank filed Company Appeal(AT)(Ins) 324 of 2017 against Srei Infrastructure Finance Ltd. & Ors. The appeals were regarding condonation of delay. The court condoned a delay of 10 days in preferring the appeal. The respondents were allowed time to file a reply, and the appellant was given time to file a rejoinder. The Interim Resolution Professional(s) were instructed to ensure the company remains ongoing and may take assistance from the suspended Board of Directors. Authorized signatories were allowed to issue cheques after authorization from the Interim Resolution Professional(s). The bank accounts of the Corporate Debtor(s) were

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## Issues and analysis

### Issue 1: Whether the delay of 10 days in …

**Ratio:** The court has the discretion to condone

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**Reasoning:** The court was satisfied with the

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**Interpretation:** The court interpreted the provisions related to condonation of delay liberally,

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**Application:** The court applied the principle of condonation of delay to the specific facts

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## Parties

- **Judges:** S.J. Mukhop…; Bansi Lal…
- **Appellants:** Aditya Kumar…
- **Respondents:** Srei Infrastructur…

## Timeline

- **2018-01-31 — Pleading Co…**: Pleading is complete in Company…
- **2018-02-02 — Reply Fi…**: Respondents allowed to file reply in…

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