# In the matter of Rajesh Balkrishna Khanvilkar Vs Dakshata Rajesh Singh

> NCLAT judgment dated 2024-01-25. Citation: TCN-2024-NCLAT-00668. The case involves an appeal against an order where the Corporate Debtor could not appear to…

- **Court:** NCLAT
- **Order date:** 25 Jan 2024
- **Citation:** TCN-2024-NCLAT-00668
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/rajesh-balkrishna-khanvilkar-vs-dakshata-rajesh-singh-1bd2510b

## Summary

### Background

The case involves an appeal against an order where the Corporate Debtor could not appear to file a reply, and an ex-parte order was passed. The appellant sought condonation of a 13-day delay in filing the appeal, citing the time taken to collate documents after becoming aware of the order. The appellant claims a pre-existing dispute reflected in an email dated 2020-07-05.

## Facts

Rajesh Balkrishna Khanvilkar filed an appeal against Dakshata Rajesh Singh, Proprietor of Ved Communication & Anr. The appellant sought condonation of a 13-day delay in filing the appeal, stating that it took time to collate documents after becoming aware of the order. The appellant claimed a pre-existing dispute evidenced by an email dated 2020-07-05. The Corporate Debtor did not appear to file a reply, leading to an ex-parte order. The court found sufficient cause for the delay and condoned it. Notice was issued to the respondent. The appeal was listed for hearing on 2024-03-07.

## Issues and analysis

### Issue 1: Whether the 13-day delay in filing …

**Ratio:** The court has the discretion to condone delays in filing appeals if sufficient cause is

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**Reasoning:** The court accepted the appellant's explanation that the delay was due to the time taken

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**Interpretation:** The court interpreted the explanation for the delay as a valid reason for

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**Application:** The court applied the principle of condonation of delay to the specific facts,

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## Parties

- **Judges:** Ashok Bh…; Barun M…; +1 more
- **Appellants:** Rajesh Balkrishna…
- **Respondents:** Ved Communi…; Dakshata Rajesh…

## Timeline

- **2020-07-05 — Email Da…**: Date of the email reflecting a pre-existing…
- **2024-01-25 — Application for…**: The appellant filed an application seeking condonation of a 13-day delay in filing the…

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