# In the matter of Nandini Constructions Vs.
Tantia Constructions Ltd. & Anr. Interlocutory Application No.2204/2022

> NCLAT judgment dated 2022-07-15. Citation: TCN-2022-NCLAT-00357. The case involves an interlocutory application seeking to condone a delay of 21 days in…

- **Court:** NCLAT
- **Order date:** 15 Jul 2022
- **Citation:** TCN-2022-NCLAT-00357
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/nandini-constructions-vs-tantia-constructions-ltd-anr-interlocutory-application-4bc4e88e

## Summary

### Background

The case involves an interlocutory application seeking to condone a delay of 21 days in re-filing the Memo of Appeal. The Appellant initially filed the Memo of Appeal on 2022-05-26, but it was returned with defects on 2022-06-08 after scrutiny by the office on 2022-06-07. The Appellant re-filed the Memo of Appeal on 2022-07-05. The delay was attributed to the time taken to obtain certified copies of the documents.

## Facts

The Appellant, Nandini Constructions, filed a Memo of Appeal on 2022-05-26. The office scrutinized the Memo of Appeal and identified defects, which were communicated to the Appellant on 2022-06-07. The Memo of Appeal was returned to the Appellant on 2022-06-08. The Appellant re-filed the Memo of Appeal on 2022-07-05, resulting in a delay of 21 days. The reason for the delay, as stated in the Interlocutory Application, was the time taken to obtain certified copies of the documents, as uncertified copies were initially filed due to a lack of time. The Appellant's counsel was not present during the hearing.

## Issues and analysis

### Issue 1: Whether the delay of 21 days in re-filing …

**Ratio:** A delay in re-filing can be

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**Reasoning:** The court considered the reasons mentioned in the Interlocutory Application (IA), which

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**Interpretation:** The interpretation of 'sufficient cause' for delay is based on the specific

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**Application:** In this case, the court applied the principle of 'sufficient cause' by

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## Parties

- **Judges:** Peeush P…
- **Appellants:** Nandini Constructi…
- **Respondents:** Tantia Constructio…

## Timeline

- **2022-05-26 — Filing of Memo…**: The Appellant filed the…
- **2022-06-07 — Intimation of…**: The office scrutinized the Memo of Appeal and…

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