# In the matter of Sajidabanu Firoz Kaliwala Proprietor
of M H Trading & Anr.
Vs.
Agarwal Mittal Concast Pvt. Ltd. & Ors. Interlocutory Application No. 2065/2022
Un-numbered Company Appeal (AT) (Insolvency) No.___/2022

> NCLAT judgment dated 2022-07-11. Citation: TCN-2022-NCLAT-00377. The Appellants filed a Memo of Appeal on 2022-05-30. After scrutiny, the office intimated…

- **Court:** NCLAT
- **Order date:** 11 Jul 2022
- **Citation:** TCN-2022-NCLAT-00377
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/sajidabanu-firoz-kaliwala-proprietor-of-m-h-trading-anr-vs-agarwal-mittal-concas-7301bef5

## Summary

### Background

The Appellants filed a Memo of Appeal on 2022-05-30. After scrutiny, the office intimated defects to the Appellants on 2022-06-01 and returned the Memo of Appeal on 2022-06-02. The Appellants re-filed the Memo of Appeal on 2022-06-08, with a stated delay of 31 days in the Interlocutory Application (IA). The delay was attributed to resubmitting legible copies of annexures, adjusting paper sizes, changing the case title at the NCLAT portal, and affixing court stamps.

## Facts

The Appellants, Sajidabanu Firoz Kaliwala Proprietor of M H Trading & Anr., filed a Memo of Appeal on 2022-05-30. The office identified defects and communicated them to the Appellants on 2022-06-01, returning the Memo of Appeal on 2022-06-02. The Appellants re-filed the Memo of Appeal on 2022-06-08, resulting in a 31-day delay. The delay was attributed to procedural issues such as resubmitting legible copies of annexures, adjusting paper sizes, changing the case title at the NCLAT portal, and affixing court stamps. The Appellants filed an Interlocutory Application (IA) seeking condonation of the delay, asserting that the delay was unintentional and bonafide.

## Issues and analysis

### Issue 1: Whether the delay of 31 days in re-filing …

**Ratio:** The condonation of delay is a discretionary power of the court, exercised based on

…

**Reasoning:** The court did not explicitly condone or reject the delay. Instead, it directed the case

…

**Interpretation:** The court acknowledges the delay but defers the decision on its condonation to

…

**Application:** The ratio regarding condonation of delay will be applied by the Hon'ble Bench

…

## Parties

- **Appellants:** Sajidabanu Firoz…
- **Respondents:** Agarwal Mittal…

## Timeline

- **2022-05-30 — Filing of Memo…**: The Appellants filed…
- **2022-06-01 — Intimation of…**: The office intimated defects to the…

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