# In the matter of Baba Jagta Shuttering Store Vs. PND Infrastructure Pvt. Ltd. & Anr. CA(AT)(Insolvency) No. 793-2019

> NCLAT judgment dated 16 Aug 2019. Citation: TCN-2019-NCLAT-00355. The present appeal was filed by M/s. Baba Jagta Shuttering Store, an operational creditor,…

- **Court:** NCLAT
- **Order date:** 16 Aug 2019
- **Citation:** TCN-2019-NCLAT-00355
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/baba-jagta-shuttering-store-vs-pnd-infrastructure-pvt-ltd-anr-ca-b239d1b2

## Summary

### Background

The present appeal was filed by M/s. Baba Jagta Shuttering Store, an operational creditor, challenging an order dated June 12, 2019, issued by the Adjudicating Authority (National Company Law Tribunal), Kolkata Bench, Kolkata. The Adjudicating Authority had allowed an application filed under Section 31 of the Insolvency and Bankruptcy Code, 2016 (I&B Code) by the Resolution Professional. This application resulted in the approval of a Resolution Plan submitted by the first respondent, PND Infrastructure Private Limited. The operational creditor raised objections concerning the eligibility of the Resolution Applicant under Section 29A of the I&B Code, alleging that a director of the Resolution Applicant was also a director of the Corporate Debtor, thereby making

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## Facts

The appeal was filed by M/s. Baba Jagta Shuttering Store, an 'Operational Creditor', against an order dated June 12, 2019. This order was passed by the Adjudicating Authority, the National Company Law Tribunal, Kolkata Bench, Kolkata. The Adjudicating Authority had allowed an application under Section 31 of the Insolvency and Bankruptcy Code, 2016 (I&B Code), approving a Resolution Plan submitted by the first respondent, PND Infrastructure Private Limited.

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## Issues and analysis

### Issue 1: Whether the delay in filing the appeal by the…

**Ratio:** A delay in filing an appeal may be condoned by the Tribunal, even without explicit…

**Reasoning:** The NCLAT considered the appellant's statement that they became aware of the Adjudicating…

**Interpretation:** The NCLAT interpreted its power to condone delay broadly, prioritizing the…

**Application:** In this case, the 15-day delay was condoned, and I.A. No. 2407 of 2019 was…

## Parties

- **Judges:** S.J. Mukhop…; A.I.S. C…; +1 more
- **Advocates:** For Appel…; Sandeepan Pathak…; +5 more

## Timeline

- **June 12, 2019 — Adjudicating Authority…**: The Adjudicating Authority (NCLT, Kolkata Bench) passed an order allowing the application…
- **July 24, 2019 — Appellant's Awareness…**: The Appellant ('Operational Creditor') stated that they became aware of the Adjudicating…

## 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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