# In the matter of Delhi Development Authority vs. NIlesh Sharma & Ors.

> NCLAT judgment dated 2024-03-04. Citation: TCN-2024-NCLAT-00598. The Delhi Development Authority filed an appeal with a delay of 51 days. An application was…

- **Court:** NCLAT
- **Order date:** 4 Mar 2024
- **Citation:** TCN-2024-NCLAT-00598
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/delhi-development-authority-vs-nilesh-sharma-ors-bfd5ad2d

## Summary

### Background

The Delhi Development Authority filed an appeal with a delay of 51 days. An application was submitted to condone the delay. The order being appealed was passed on 2023-10-16, and the appeal was e-filed on 2024-01-05.

## Facts

The Delhi Development Authority filed an appeal with a delay of 51 days. The original order was passed on October 16, 2023, and the appeal was e-filed on January 5, 2024. The appellant argued that as a statutory authority, it should receive special consideration regarding the delay. The court, however, found no legal basis to differentiate between statutory authorities and other litigants in terms of delay condonation. Section 61(2) of the relevant law limits the permissible delay to 15 days. Because the delay was significantly longer, the court dismissed the delay condonation application and rejected the appeal.

## Issues and analysis

### Issue 1: Whether the delay of 51 days in filing the appeal can be condoned, considering the appellant's …

**Ratio:** The legal principle applied is that there is no basis to treat statutory authorities

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**Reasoning:** The court reasoned that no distinction could be maintained between statutory authorities

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**Interpretation:** The interpretation of Section 61(2) proviso is strict, limiting the condonable

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**Application:** The court applied the ratio and reasoning to the specific facts by noting that

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## Parties

- **Judges:** Ashok Bh…; Barun M…; +1 more
- **Appellants:** Delhi Development…
- **Respondents:** Nilesh S…
- **Advocates:** Sonam S…; DaminiSr…; +6 more

## Timeline

- **2023-10-16 — Order Imp…**: The order being…
- **2024-01-05 — Appeal E-…**: The appeal was…

## 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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