# In the matter of Bharat Heavy Electricals Ltd. vs. Sanjeev Maheshwari, Liquidator of UB Engineering Ltd.

> NCLAT judgment dated 2024-05-28. Citation: TCN-2024-NCLAT-00403. This case involves an appeal against an order passed by the Adjudicating Authority (National…

- **Court:** NCLAT
- **Order date:** 28 May 2024
- **Citation:** TCN-2024-NCLAT-00403
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/bharat-heavy-electricals-ltd-vs-sanjeev-maheshwari-liquidator-of-ub-engineering-a5a74f2e

## Summary

### Background

This case involves an appeal against an order passed by the Adjudicating Authority (National Company Law Tribunal), Mumbai Bench, which allowed IA No.4434 of 2023. The appellant, Bharat Heavy Electricals Ltd, filed an application for condonation of delay in filing the appeal. The appellant argued that the order was not pronounced in open court on 22.11.2023, the date fixed for hearing, and that they were informed by their counsel that the order had not been uploaded. The liquidator shared a copy of the order on 25.01.2024. The appellant relied on a Supreme Court judgment in 'Sanjay Pandurang Kalate vs. Vistra ITCL (India) Limited and Ors.' to argue that the limitation period for filing the appeal should not commence until the order is pronounced in court.

## Facts

Bharat Heavy Electricals Ltd filed an appeal against an order by the NCLT Mumbai. The key fact is the delay in filing the appeal. The appellant contends the order was not pronounced in open court on 22.11.2023, the hearing date. The liquidator shared the order on 25.01.2024. The appellant argues the limitation period should start from the date of pronouncement, citing 'Sanjay Pandurang Kalate' case. The respondent argues against condoning the delay. The appellant received the order on 25.01.2024 and filed the appeal on 02.03.2024. The cause list of NCLT reflects that IA No. 4434 of 2023 was listed on 22.11.2023 for hearing. The appellant shared a screenshot indicating that the order was not uploaded as late as on 20.02.2024.

## Issues and analysis

### Issue 1: Whether sufficient cause has been shown to …

**Ratio:** The condonation of delay is a discretionary power of the court, which must be exercised

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**Reasoning:** The court considered the appellant's explanation that the order was not pronounced in

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**Interpretation:** The court interpreted the law regarding condonation of delay, emphasizing that

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**Application:** The court applied the ratio to the facts of the case, finding that the

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## Parties

- **Judges:** Ashok Bh…; Barun M…; +1 more
- **Appellants:** Bharat Heavy…
- **Respondents:** U. B. Engineering…; Sanjeev Mah…

## Timeline

- **2023-11-22 — Date Fixed for…**: Date fixed for hearing of IA No.4434…
- **2023-11-22 — Order Passed by…**: Order passed by the Adjudicating Authority (National Company Law Tribunal), Mumbai Bench,…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 61(2) — Appeals and Appellate Authority](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-61)

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