# In the matter of Ram Ratan Modi vs. Dail Consultants Ltd. & Ors.

> NCLAT judgment dated 2024-09-12. Citation: TCN-2024-NCLAT-00196. The case involves an appeal filed by Ram Ratan Modi, the Resolution Professional of Duncans…

- **Court:** NCLAT
- **Order date:** 12 Sept 2024
- **Citation:** TCN-2024-NCLAT-00196
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/ram-ratan-modi-vs-dail-consultants-ltd-ors-a79f68e5

## Summary

### Background

The case involves an appeal filed by Ram Ratan Modi, the Resolution Professional of Duncans Industries Ltd., against Dail Consultants Ltd. & Ors. The appeal was accompanied by I.A. No. 4180 and 4510 of 2024. The appellant sought condonation of a 278-day delay in refiling the appeal. The appellant's explanation for the delay centered on the absence of a clerk and a change in counsel.

## Facts

Ram Ratan Modi, the Resolution Professional of Duncans Industries Ltd., filed an appeal against Dail Consultants Ltd. & Ors. There was a delay of 278 days in refiling the appeal. The appellant attributed the delay to the absence of a clerk from September 2023 to February 2024 and a change in counsel. The respondent opposed the condonation of delay, arguing that the appellant's explanation was insufficient and demonstrated a lack of diligence. The appeal was initially filed in August 2023 and refiled in May 2024. The respondent argued that the appellant, as a Resolution Professional, should be aware of the importance of timelines in IBC proceedings and was litigating in various forums.

## Issues and analysis

### Issue 1: Whether the explanation provided by the Appellant is sufficient to condone the delay of 278 days in …

**Ratio:** The court applied the principle that sufficient cause must be shown to justify the

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**Reasoning:** The court reasoned that the appellant's explanation regarding the absence of a clerk and

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**Interpretation:** The court interpreted the requirement of 'sufficient cause' strictly,

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**Application:** The court applied the ratio to the facts by finding that the appellant's

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## Parties

- **Judges:** Ashok Bh…; Barun M…; +1 more
- **Appellants:** Ram Ratan…
- **Respondents:** Duncans Industries…; Dail Consultants…

## Timeline

- **2023-08-01 — Appeal F…**: The appeal was initially…
- **2023-09-01 — Clerk's A…**: The appellant's clerk was absent from…

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