# In the matter of Shree Ganapati Power and Transformers vs. Vijeta Projects And Infrastructure Ltd. & Ors.

> NCLAT judgment dated 2024-10-04. Citation: TCN-2024-NCLAT-00163. The case involves an appeal filed by Shree Ganapati Power and Transformers against an order…

- **Court:** NCLAT
- **Order date:** 4 Oct 2024
- **Citation:** TCN-2024-NCLAT-00163
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/shree-ganapati-power-and-transformers-vs-vijeta-projects-and-infrastructure-ltd-dcd024bc

## Summary

### Background

The case involves an appeal filed by Shree Ganapati Power and Transformers against an order dated 27.04.2022, where an application filed by the Appellant under Section 9 of the Insolvency and Bankruptcy Code, 2016 was dismissed. The appeal, CA (AT) (Ins.) No. 811 of 2022, was filed with a delay, leading to an application (I.A. No. 5695 of 2023) seeking condonation of this delay. The appellant contended that the delay was due to summer holidays in Calcutta High Court and closure of the advocate's office. The respondent opposed the condonation, arguing that the appeal was barred by limitation under Section 61 of the Insolvency and Bankruptcy Code, 2016, as the hard copy of the appeal was filed after the prescribed period. The central issue revolves around whether the

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## Facts

Shree Ganapati Power and Transformers (Appellant) filed an appeal against an impugned order dated 27.04.2022, which dismissed their application under Section 9 of the Insolvency and Bankruptcy Code (IBC). The appeal was filed with a delay of 3 days. The Appellant sought condonation of delay, citing summer holidays in Calcutta High Court and closure of their advocate's office as reasons. The Respondent, Vijeta Projects And Infrastructure Ltd., opposed the condonation, arguing the appeal was barred by limitation under Section 61 of the IBC. The certified copy of the impugned order was prepared on 29.04.2022 and received by the Appellant on 09.05.2022. The appeal was e-filed on 30.05.2022, and the hard copy was filed on 20.06.2022. The core dispute revolves around whether

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## Issues and analysis

### Issue 1: Whether the delay of 3 days in …

**Ratio:** Section 61(2) of the Insolvency and Bankruptcy Code, 2016, allows the NCLAT to condone a

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**Reasoning:** The court considered the Appellant's explanation for the delay, which included summer

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**Interpretation:** The interpretation of Section 61(2) involves determining whether the reasons

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**Application:** The court applied the ratio of Section 61(2) and the principle established in

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## Parties

- **Judges:** Rakesh Kuma…; Naresh Sa…; +1 more
- **Appellants:** Shree Ganapati…
- **Respondents:** Vijeta Projects…

## Timeline

- **2022-04-27 — Impugned…**: The Tribunal passed the impugned order dismissing the Appellant's application under…
- **2022-04-29 — Certified Copy…**: The certified copy of the…

## 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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