# In the matter of CA Ramchandra Dallaram Choudhary, Liquidator of Anil Limited vs. Adani Infrastructure & Developers Pvt. Ltd.

> NCLAT judgment dated 2025-02-06. Citation: TCN-2025-NCLAT-00233. The case involves an application (I.A. No. 8709 of 2024) filed by the Applicant seeking…

- **Court:** NCLAT
- **Order date:** 6 Feb 2025
- **Citation:** TCN-2025-NCLAT-00233
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/ca-ramchandra-dallaram-choudhary-liquidator-of-anil-limited-vs-adani-infrastruct-449c6232

## Summary

### Background

The case involves an application (I.A. No. 8709 of 2024) filed by the Applicant seeking condonation of a 115-day delay in refiling Company Appeal (AT) (Insolvency) No. 2316 of 2024. The Respondent objected to the delay condonation, asserting that the delay was inordinately long and intentional. The Applicant attributed the delay to various reasons, including misplacement of documents by their Delhi-based clerk, technical issues with email, and the need to translate documents. The Applicant and their counsel are based in Ahmedabad, Gujarat, which they claimed contributed to the difficulty in physically inspecting records.

## Facts

CA Ramchandra Dallaram Choudhary, the liquidator of Anil Limited, filed an application seeking condonation of a 115-day delay in refiling Company Appeal (AT) (Insolvency) No. 2316 of 2024. The delay was attributed to several factors: misplacement of original documents by the Delhi-based clerk, technical issues preventing timely receipt of notifications from the NCLAT Registry, and the time required for translating documents. The Applicant and their counsel are based in Ahmedabad, which they argued made physical inspection of records difficult. The Respondent, Adani Infrastructure & Developers Pvt. Ltd., opposed the condonation, arguing the delay was excessive and intentional. The defects were notified by the NCLAT Registry on 2024-08-12, with a deadline of

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## Issues and analysis

### Issue 1: Whether the delay of 115 days in refiling the Company Appeal (AT) (Insolvency) No. 2316 of 2024 …

**Ratio:** The condonation of delay requires adequate and sufficient reasons, buttressed by due

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**Reasoning:** The Tribunal found the explanations provided by the Applicant for the delay to be

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**Interpretation:** The principle of 'sufficient cause' for condoning delay is interpreted

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**Application:** In this case, the Applicant failed to demonstrate that the delay was beyond

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## Parties

- **Judges:** Ashok Bh…; Barun M…; +1 more
- **Appellants:** CA Ramchandra…
- **Respondents:** Anil Li…; Adani Infrastructu…

## Timeline

- **2024-12-13 — Tribunal…**: Notice was issued in respect of the refiling delay condonation application by the…
- **2024-08-03 — E-filing of…**: The captioned Appeal was duly e-filed after…

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