# In the matter of MSTC Ltd. Vs. Essar Steel India Ltd. & Ors. CA (AT) (Ins) No. 449-2019

> NCLAT judgment dated 2019-04-29. Citation: TCN-2019-NCLAT-00627. The case pertains to Company Appeal (AT) (Ins) No. 449 of 2019 before the National Company…

- **Court:** NCLAT
- **Order date:** 29 Apr 2019
- **Citation:** TCN-2019-NCLAT-00627
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/mstc-ltd-vs-essar-steel-india-ltd-ors-ca-1626eb02

## Summary

### Background

The case pertains to Company Appeal (AT) (Ins) No. 449 of 2019 before the National Company Law Appellate Tribunal (NCLAT), New Delhi. MSTC Ltd. is the appellant, and Essar Steel India Ltd. & Ors. are the respondents. The appeal concerns a delay in preferring the appeal.

## Facts

MSTC Ltd. filed an appeal against Essar Steel India Ltd. & Ors. There was a delay of 14 days in filing the appeal. The appellant's counsel presented arguments to justify the delay. The court found the reasons for the delay satisfactory and condoned the delay. I.A. No. 1454/2019 was disposed of. The appeal was ordered to be posted along with Company Appeal (AT)(Ins.) No. 242/2019.

## Issues and analysis

### Issue 1: Whether the delay of 14 days in …

**Ratio:** A delay in filing an appeal can be condoned if sufficient cause is shown to the court's

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**Reasoning:** The court heard the learned counsel for the appellant and was satisfied with the grounds

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**Interpretation:** The interpretation is that the court has the discretion to condone delays if

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**Application:** In this case, the court applied the principle that a delay can be condoned if

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## Parties

- **Judges:** S.J. Mukhop…; A.I.S. C…; +1 more
- **Appellants:** MSTC…
- **Respondents:** Essar Steel India…

## Timeline

- **2019-04-29 — Order Da…**: The court heard the learned counsel for the Appellant and condoned the delay of 14 days…
- **2019-05-13 — Appeal Po…**: The appeal was ordered to be posted along with…

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