# In the matter of Punjab State Power Corporation Ltd. vs. Sham Udyog Ltd. Through its Liquidator & Anr.

> NCLAT judgment dated 2023-09-22. Citation: TCN-2023-NCLAT-00177. The case involves an appeal filed by Punjab State Power Corporation Ltd. against an order…

- **Court:** NCLAT
- **Order date:** 22 Sept 2023
- **Citation:** TCN-2023-NCLAT-00177
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/punjab-state-power-corporation-ltd-vs-sham-udyog-ltd-through-its-liquidator-anr-5e651ab2

## Summary

### Background

The case involves an appeal filed by Punjab State Power Corporation Ltd. against an order passed by the National Company Law Tribunal (NCLT), Chandigarh Bench, in I.A. No. 117/2022 in CP (IB) No. 73/Chd/Pb/2017. The appeal was filed with a delay of 15 days, leading to an Interlocutory Application (I.A. No. 1732/2023) for condonation of the delay. The NCLT Chandigarh had dismissed the Application filed by the Appellant and refused to pass directions against the Respondent, Sham Udyog Ltd.

## Facts

Punjab State Power Corporation Ltd. filed an appeal against Sham Udyog Ltd. through its Liquidator & Anr. The appeal challenged an order dated 30.01.2023 passed by the National Company Law Tribunal (NCLT), Chandigarh Bench, in I.A. No. 117/2022 in CP (IB) No. 73/Chd/Pb/2017. The appeal was filed with a delay of 15 days, prompting the appellant to file an Interlocutory Application (I.A. No. 1732/2023) seeking condonation of the delay. The appellant argued that the delay was due to the impugned judgment being uploaded on the website of NCLT only on 01.02.2023 and the voluminous nature of the files. The NCLT Chandigarh had dismissed the Application filed by the Appellant and refused to pass directions against the Respondent. The court noted that the appeal was

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## Issues and analysis

### Issue 1: Whether the delay of 15 days in …

**Ratio:** The Tribunal is competent to condone the delay provided there is satisfactory reason for

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**Reasoning:** The court reasoned that the appellant failed to provide a satisfactory explanation for

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**Interpretation:** This issue concerns the interpretation of Section 61 of the Insolvency and

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**Application:** In this specific case, the court found that the appellant's explanation for the

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## Parties

- **Judges:** Rakesh…; Alok Sriv…
- **Appellants:** Punjab State…
- **Respondents:** Sham Udyo…

## Timeline

- **2023-01-30 — Order by…**: National Company Law Tribunal (NCLT), Chandigarh Bench, passed an order in I.A. No.…
- **2023-02-01 — Impugned Judgment…**: The impugned judgment was…

## 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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