# In the matter of Sathyam Orocon Pvt. Ltd. & Ors. Vs. EPC Constructions India Ltd. & Ors. CA(AT)(Ins) No. 13 of 2020

> NCLAT judgment dated 2020-01-07. Citation: TCN-2020-NCLAT-00563. The case pertains to Company Appeal (AT) (Insolvency) No. 13 of 2020 before the National…

- **Court:** NCLAT
- **Order date:** 7 Jan 2020
- **Citation:** TCN-2020-NCLAT-00563
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/sathyam-orocon-pvt-ltd-ors-vs-epc-constructions-india-ltd-ors-ca-5922df73

## Summary

### Background

The case pertains to Company Appeal (AT) (Insolvency) No. 13 of 2020 before the National Company Law Appellate Tribunal, New Delhi. The appeal involves Sathyam Orocon Pvt. Ltd. & Ors. as Appellants and EPC Constructions India Ltd. & Ors. as Respondents. The court is considering the appeal and an interlocutory application.

## Facts

Sathyam Orocon Pvt. Ltd. & Ors. filed an appeal against EPC Constructions India Ltd. & Ors. The appeal was delayed by two days. The court heard the counsels and was satisfied with the reasons for the delay. An Interlocutory Application No.27 of 2020 was also under consideration. Mr. Akarshan Sahay appeared on behalf of the 1st Respondent. The Appellant's counsel was directed to provide a copy of the appeal to Mr. Sahay. The 1st Respondent's Resolution Professional was given one week to file a reply affidavit. Notice was to be issued to the rest of the Respondents, with requisites and process fees to be filed by January 8, 2020. If the Appellant provides email addresses, notice should be issued via email. The case was scheduled for orders on January 21, 2020.

## Issues and analysis

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

**Ratio:** The court has the discretion to condone delays in legal proceedings if sufficient cause

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**Reasoning:** The court, after hearing the learned Counsel for the parties, was satisfied with the

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**Interpretation:** This indicates that the court found the reasons for the delay to be justifiable

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**Application:** The court applied its discretion to condone the two-day delay based on the

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## Parties

- **Judges:** S.J. Mukhop…; Bansi Lal…
- **Appellants:** Sathyam Orocon…
- **Respondents:** EPC Constructions…

## Timeline

- **2020-01-07 — Order Da…**: Court condoned the delay of two days in preferring the appeal and disposed of…
- **2020-01-08 — Deadline for R…**: Requisites along with process…

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