# In the matter of Pankaj Harilal Valia & Anr. vs. Kiran Shah,

> NCLAT judgment dated 2025-08-05. Citation: TCN-2025-NCLAT-00423. The case involves an application (I.A. No. 2531 of 2025) for condonation of a 149-day delay…

- **Court:** NCLAT
- **Order date:** 5 Aug 2025
- **Citation:** TCN-2025-NCLAT-00423
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/pankaj-harilal-valia-anr-vs-kiran-shah-cfb56d35

## Summary

### Background

The case involves an application (I.A. No. 2531 of 2025) for condonation of a 149-day delay in refiling Company Appeal (AT) (Ins) No. 659 of 2025.

## Facts

The application IA No. 2531 of 2025 seeks condonation of a 149-day delay in refiling Company Appeal (AT)(Ins) No. 659 of 2025.

The Registry of the Hon'ble Authority found defects in the appeal papers and application, which were communicated to the appellant via letter dated 12.11.2024.

The defects were required to be removed within seven days from the date of the letter, expiring on 19.11.2024.

The applicants cited 'personal difficulty' and the distance between Ahmedabad and Delhi as reasons for the delay.

The court noted the absence of medical certificates to support the claim of indisposition of health of the counsel.

The court observed that the applicants did not demonstrate serious pursuit of the matter with their counsel or the Registry.

## Issues and analysis

### Issue 1: Whether the reasons provided by the applicants justify the condonation of a 149-day delay in …

**Ratio:** The court held that the reasons provided were not genuine or convincing, particularly

…

**Reasoning:** The court found the explanation of geographical distance unconvincing and noted the

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**Interpretation:** The court interpreted the requirement for condonation of delay strictly,

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**Application:** The court applied the principle that refiling delays can only be permitted if

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## Parties

- **Judges:** Ashok Bh…; Barun M…
- **Appellants:** Pankaj Harilal…
- **Respondents:** Hardik Industrial…; Kiran Shah,…
- **Other parties:** Kiran…
- **Advocates:** Rajesh…; CA Kiran…

## Timeline

- **2024-11-12 — Defect Notif…**: Registry informed the Appellant of defects…
- **2024-11-19 — Defect Rectification…**: Deadline for removing…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 43 — Preferential transactions and relevant time](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-43)

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