# In the matter of Shubhra Gupta Vs.
Value Infracon India Pvt. Ltd. & Anr. Interlocutory Application No. 2037/2022
Un-numbered Company Appeal (AT) (Insolvency) No.___/2022

> NCLAT judgment dated 2022-07-08. Citation: TCN-2022-NCLAT-00379. The Appellant filed a Memo of Appeal on April 28, 2022. The office scrutinized the Memo of…

- **Court:** NCLAT
- **Order date:** 8 Jul 2022
- **Citation:** TCN-2022-NCLAT-00379
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/shubhra-gupta-vs-value-infracon-india-pvt-ltd-anr-interlocutory-application-no-2-edab45dc

## Summary

### Background

The Appellant filed a Memo of Appeal on April 28, 2022. The office scrutinized the Memo of Appeal and intimated defects to the Appellant on May 2, 2022, returning the Memo of Appeal on May 27, 2022. The Appellant re-filed the Memo of Appeal on May 30, 2022. The Interlocutory Application (IA) states that a technical problem/glitch prevented the appellant from tracking the defect on the portal. Additionally, the counsel for the Appellant shifted his office, and the original file was mixed up with other files, resulting in a 17-day delay in refiling the Memo of Appeal.

## Facts

The Appellant, Shubhra Gupta, filed a Memo of Appeal on April 28, 2022. The office identified defects and communicated them to the Appellant on May 2, 2022, returning the appeal on May 27, 2022. The Appellant refiled the appeal on May 30, 2022, with a delay of 17 days. The delay was attributed to technical issues on the portal and the counsel's office relocation, leading to file mismanagement. The Appellant sought condonation of the delay through an Interlocutory Application (IA). The court considered the submissions and office report, ultimately condoning the delay and directing the case to be listed for admission.

## Issues and analysis

### Issue 1: Whether the delay of 17 days in refiling …

**Ratio:** The court has the discretion to condone

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**Reasoning:** The court considered the submissions made on behalf of the Appellant and the reasons

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**Interpretation:** The court interpreted the reasons provided by the appellant as constituting

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**Application:** The court applied the principle of condoning delays when sufficient cause is

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## Parties

- **Appellants:** Shubhra…
- **Respondents:** Value Infracon…

## Timeline

- **2022-04-28 — Filing of Memo…**: The Appellant filed the…
- **2022-05-02 — Intimation of…**: The office intimated the defects to the…

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