# In the matter of New Okhla Industrial Development Authority vs. Anand Sonbhadra & Ors.

> NCLAT judgment dated 2024-09-26. Citation: TCN-2024-NCLAT-00731. The appeal is against an order dated 12.09.2022 passed by the Adjudicating Authority…

- **Court:** NCLAT
- **Order date:** 26 Sept 2024
- **Citation:** TCN-2024-NCLAT-00731
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/new-okhla-industrial-development-authority-vs-anand-sonbhadra-ors-b1b88302

## Summary

### Background

The appeal is against an order dated 12.09.2022 passed by the Adjudicating Authority (National Company Law Tribunal, Delhi Bench) regarding an application filed under Section 30(6) and 31 of the Insolvency and Bankruptcy Code, 2016, for approval of a resolution plan.

## Facts

The appeal was filed against an order dated 12.09.2022 passed by the Adjudicating Authority (National Company Law Tribunal, Delhi Bench).

The appellant also filed an application bearing 3831 of 2023 seeking condonation of delay in filing the present appeal.

The appellant calculated the delay as 57 days, but during the hearing, it was submitted that the delay was 13 days.

The appeal was e-filed on 26.10.2022, and the hard copy was filed on 08.12.2022.

Counsel for the appellant argued that the limitation should not be counted from the date when the hard copy was filed, citing various SOPs.

The first SOP was issued by the Tribunal on 03.01.2021, allowing e-filing along with a hard copy.

…

## Issues and analysis

### Issue 1: Whether the period of limitation for filing the appeal should be computed from the date of e-filing …

**Ratio:** The period of limitation is to be computed for the purpose of filing of this appeal from

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**Reasoning:** The SOP dated 21.10.2022, which directed that the limitation is to be counted from the

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**Interpretation:** The court interpreted the various SOPs issued by the NCLAT and the relevant

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**Application:** The court applied the SOP dated 24.12.2022, which was in effect at the time the

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## Parties

- **Judges:** Rakesh Kuma…; Naresh Sa…; +1 more
- **Appellants:** New Okhla…
- **Respondents:** Anand Sonbhadra &…
- **Advocates:** Abdhers K…; Vina…; +9 more

## Timeline

- **12.09.2022 — Order Da…**: Order passed by the Adjudicating Authority…
- **03.01.2021 — SOP Issu…**: First SOP issued by the Tribunal…

## 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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