# In the matter of Dhiren Shantilal Shah vs. Swastik Productions Pvt. Ltd.

> NCLAT judgment dated 2024-11-08. Citation: TCN-2024-NCLAT-00111. The case involves an application for condonation of a five-day delay in filing an appeal. The…

- **Court:** NCLAT
- **Order date:** 8 Nov 2024
- **Citation:** TCN-2024-NCLAT-00111
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/dhiren-shantilal-shah-vs-swastik-productions-pvt-ltd-af990b12

## Summary

### Background

The case involves an application for condonation of a five-day delay in filing an appeal. The applicant, the Resolution Professional (RP) of High Ground Enterprise Ltd., cited health ailments and difficulties in obtaining a clear copy of an annexure to the Company Petition No. 696 of 2020 as reasons for the delay. The respondent opposed the delay condonation application.

## Facts

The Resolution Professional (RP) of High Ground Enterprise Ltd., Dhiren Shantilal Shah, filed an appeal with a delay of five days. The RP cited health ailments and difficulty in obtaining a clear copy of an annexure to Company Petition No. 696 of 2020 as reasons for the delay. The RP stated that he resides in Mumbai and his health issues prevented him from seeking timely legal advice. The annexure in question was a bank statement of High Ground Enterprise Limited. The respondent opposed the condonation of delay, arguing that no sufficient cause was shown. The impugned order was dated 2023-12-19, and the appeal was e-filed on 2024-01-23.

## Issues and analysis

### Issue 1: Whether sufficient cause exists to condone …

**Ratio:** The court has the jurisdiction to condone delay if sufficient cause is shown. The

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**Reasoning:** The court considered the explanation provided by the appellant, which included health

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**Interpretation:** The term 'sufficient cause' should be interpreted liberally to advance

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**Application:** In this case, the court found that the appellant's health ailments and

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## Parties

- **Judges:** Ashok Bh…; Barun M…; +1 more
- **Appellants:** Dhiren Shantilal…
- **Respondents:** High Ground…; Swastik Production…

## Timeline

- **2023-12-19 — Order Da…**: The impugned order was…
- **2024-01-23 — Appeal F…**: The appeal was e-filed…

## Legal provisions

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

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