# In the matter of Dinesh Mehta  Vs. Amit Kumar Mehta & Anr. Company Appeal (AT) (Insolvency) No. 1035 of 2022

> NCLAT judgment dated 2022-09-01. Citation: TCN-2022-NCLAT-00246. The appeal was filed with a delay of 197 days in refiling. The appellant's counsel stated…

- **Court:** NCLAT
- **Order date:** 1 Sept 2022
- **Citation:** TCN-2022-NCLAT-00246
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/dinesh-mehta-vs-amit-kumar-mehta-anr-company-appeal-1fc9bc9c

## Summary

### Background

The appeal was filed with a delay of 197 days in refiling. The appellant's counsel stated that a document of foreign origin (Sharjah, United Arab Emirates) needed translation, causing the delay. The respondent's counsel argued the document's irrelevance and lack of intimation to the Registrar.

## Facts

The appellant, Dinesh Mehta, filed an appeal with a delay of 197 days. The appellant's counsel explained that the delay was due to the need to translate a document originating from Sharjah, United Arab Emirates. The respondent, Amit Kumar Mehta & Anr., opposed the condonation of delay, arguing that the document was irrelevant and that the appellant had not informed the Registrar about the document. The court found sufficient cause to allow the application for condonation of delay, subject to the payment of Rs. 10,000 as costs to the respondent. The appellant was also granted liberty to file an additional affidavit within two weeks.

## Issues and analysis

### Issue 1: Whether the delay of 197 days in …

**Ratio:** Condonation of delay is permissible if sufficient cause is shown for the delay. The court

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**Reasoning:** The court considered the appellant's explanation that the delay was due to the need to

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**Interpretation:** The principle of condonation of delay is interpreted to mean that the court

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**Application:** The court applied the principle of condonation of delay to the facts of the

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## Parties

- **Judges:** Ashok Bh…; M. Satyanarayana…; +1 more
- **Appellants:** Dinesh…
- **Respondents:** Amit Kumar…

## Timeline

- **2022-09-01 — Appeal Filed w…**: The appeal was filed with a…
- **2022-09-01 — Order Is…**: The court allowed the application for condonation of delay, subject to the appellant…

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