# In the matter of Evergreen Corporation vs. Satec Envir Engineering (India) Pvt. Ltd.

> NCLAT judgment dated 2025-03-21. Citation: TCN-2025-NCLAT-00148. The case involves an appeal against an order dated 24.01.2024 passed by the National Company…

- **Court:** NCLAT
- **Order date:** 21 Mar 2025
- **Citation:** TCN-2025-NCLAT-00148
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/evergreen-corporation-vs-satec-envir-engineering-1bf2d459

## Summary

### Background

The case involves an appeal against an order dated 24.01.2024 passed by the National Company Law Tribunal, Mumbai Bench, in Company Petition (CP) (IB) No. 80/MB/2020. The appellant, Evergreen Corporation, filed Company Appeal (AT) (Insolvency) No. 2349 of 2024, seeking condonation of a 244-day delay in filing the appeal. The appellant cited health issues and the advocate's unfamiliarity with NCLAT procedures as reasons for the delay. The respondent, M/ss. Satec Envir Engineering (India) Pvt. Ltd., opposed the condonation of delay.

## Facts

Evergreen Corporation filed an appeal against an order by NCLT Mumbai in CP (IB) No. 80/MB/2020. The appeal, Company Appeal (AT) (Insolvency) No. 2349 of 2024, was filed with a delay of 244 days, for which the appellant sought condonation. The appellant cited health issues and the advocate's unfamiliarity with NCLAT procedures as reasons for the delay. The registry repeatedly raised defects in the filing, which were not cured promptly. The initial appeal was filed on 22.02.2024, within the 30-day limitation period from the impugned order dated 24.01.2024. However, defects were notified, and the re-filing was delayed. The appellant claimed to be 77 years old and hospitalized during part of the delay period. The respondent opposed the condonation, arguing the delay was

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## Issues and analysis

### Issue 1: Whether the delay of 244 days in …

**Ratio:** The condonation of delay is discretionary and requires sufficient cause to be shown for

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**Reasoning:** The court found that the appellant had been repeatedly notified of defects in the filing

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**Interpretation:** The court interpreted the requirement of 'sufficient cause' for condonation of

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**Application:** The court applied the principle that a long delay without sufficient cause

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## Parties

- **Judges:** Ashok Bh…; Barun M…; +1 more
- **Appellants:** Evergreen…
- **Respondents:** M/ss. Satec Envir…
- **Advocates:** Sagar Gh…; Suraj S. G…; +4 more

## Timeline

- **2024-01-24 — Impugned Ord…**: Order passed by the National Company Law…
- **2024-02-22 — Appeal Fili…**: Company Appeal (AT) (Insolvency) No.…

## 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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