# In the matter of Power Infrastructure India vs. Power Finance Corporation Ltd. & Anr.

> NCLAT judgment dated 2023-11-07. Citation: TCN-2023-NCLAT-00093. The case involves an appeal filed by Power Infrastructure India against an order passed by…

- **Court:** NCLAT
- **Order date:** 7 Nov 2023
- **Citation:** TCN-2023-NCLAT-00093
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/power-infrastructure-india-vs-power-finance-corporation-ltd-anr-1bd78d91

## Summary

### Background

The case involves an appeal filed by Power Infrastructure India against an order passed by the Adjudicating Authority (National Company Law Tribunal, Kolkata Bench) on an application filed under Section 7 of the Insolvency and Bankruptcy Code, 2016 by Power Finance Corporation Limited (Financial Creditor) against Shree Maheshwar Hydel Power Corporation Limited (Corporate Debtor). The appeal challenges the order dated 27.09.2022. The appellant filed an application before the Adjudicating Authority as a proposed intervenor, which was dismissed for lack of locus standi. The current matter concerns the condonation of a 14-day delay in filing the appeal.

## Facts

Power Finance Corporation Limited initiated insolvency proceedings against Shree Maheshwar Hydel Power Corporation Limited under Section 7 of the Insolvency and Bankruptcy Code, 2016. The Adjudicating Authority admitted the application for resolution of an amount of Rs. 2789,42,00,000/-. Power Infrastructure India, the appellant, sought to intervene in the proceedings but was denied. The appellant then filed an appeal against the Adjudicating Authority's order, which was allegedly delayed by 14 days. The impugned order was passed on 27.09.2022 and uploaded on 28.09.2022. The e-filing of the appeal was done on 11.11.2022, and the physical filing was done on 14.11.2022. The appellant attributed the delay to being a foreign company based in Mauritius, requiring legal

…

## Issues and analysis

### Issue 1: Whether the delay of 14 days in filing the appeal can be condoned based on the reasons provided by …

**Ratio:** The Tribunal has the discretion to condone delays up to 15 days if sufficient cause is

…

**Reasoning:** The Tribunal found the reasons provided by the Appellant, Power Infrastructure India,

…

**Interpretation:** The interpretation of 'sufficient cause' is crucial in determining whether a

…

**Application:** In this specific case, the Tribunal applied the principle that the reasons for

…

## Parties

- **Judges:** Rakesh Kuma…; Barun M…; +1 more
- **Appellants:** POWER INFRASTRUCTU…
- **Respondents:** Shree Maheshwar…; Power Finance…

## Timeline

- **2022-09-27 — Order Passed by…**: The Adjudicating Authority (National Company Law Tribunal, Kolkata Bench) passed an order…
- **2022-09-28 — Order Upl…**: The order passed by the Adjudicating…

## 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)

---

This is a preview. The full structured summary, issues, precedents and source judgment are available on CaseEase - Legal Intelligence Simplified: https://caseease.in/cases/ibc/nclat-new-delhi/power-infrastructure-india-vs-power-finance-corporation-ltd-anr-1bd78d91