# In the matter of Haryana State Industrial Infrastructure Development Corporation Ltd Vs Jm Hydraulic Solutions Pvt. Ltd. & Anr.

> NCLAT judgment dated 2024-09-13. Citation: TCN-2024-NCLAT-00195. The case involves a Company Appeal (AT) (Insolvency) No. 1658 of 2024, along with I.A. No.…

- **Court:** NCLAT
- **Order date:** 13 Sept 2024
- **Citation:** TCN-2024-NCLAT-00195
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/haryana-state-industrial-infrastructure-development-corporation-ltd-vs-jm-hydrau-188d1256

## Summary

### Background

The case involves a Company Appeal (AT) (Insolvency) No. 1658 of 2024, along with I.A. No. 5962 of 2024. The appellant, Haryana State Industrial Infrastructure Development Corporation Ltd., filed an appeal against the respondents, JM Hydraulic Solutions Pvt. Ltd. & Anr. I.A. No. 5962 of 2024 concerns condonation of a 59-day delay in refiling the appeal.

## Facts

Haryana State Industrial Infrastructure Development Corporation Ltd. filed an appeal against JM Hydraulic Solutions Pvt. Ltd. & Anr. There was a 59-day delay in refiling the appeal, leading to an application for condonation of delay. The appellant's counsel stated that the delay was due to the time taken by the department to clear defects in the appeal. The SRA's counsel submitted that they had not been served with a complete copy of the appeal. The court considered these facts while deciding on the condonation of delay and the service of the appeal copy.

## Issues and analysis

### Issue 1: Whether the 59-day delay in …

**Ratio:** A delay can be condoned if

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**Reasoning:** The court accepted the appellant's explanation that the delay was due to the time taken

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**Interpretation:** The court interpreted the requirement of 'sufficient cause' liberally,

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**Application:** The court applied the principle of condonation of delay by accepting the

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## Parties

- **Judges:** Ashok Bh…; Barun M…; +1 more
- **Appellants:** Haryana State…
- **Respondents:** JM Hydraulic…
- **Advocates:** Shekhar Raj…; Lakshay A…

## Timeline

- **2024-09-13 — Order Da…**: Order regarding I.A. No. 5962 of 2024, condoning the delay of 59 days in refiling the…
- **2024-11-06 — Next Hearin…**: Appeal listed for…

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