# In the matter of Shyam Arora vs. C-Tel Infosystems Pvt. Ltd.

> NCLAT judgment dated 2023-09-04. Citation: TCN-2023-NCLAT-00218. The case involves an appeal against an order dated April 27, 2023, passed by the National…

- **Court:** NCLAT
- **Order date:** 4 Sept 2023
- **Citation:** TCN-2023-NCLAT-00218
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/shyam-arora-vs-c-tel-infosystems-pvt-ltd-a86c7f00

## Summary

### Background

The case involves an appeal against an order dated April 27, 2023, passed by the National Company Law Tribunal, New Delhi Court –IV. The appeal was filed with an application seeking condonation of a 13-day delay. The appellant's counsel argued that the delay was due to the appellant's illness, preventing them from meeting with their advocate to discuss the matter. The appellant also filed an application seeking condonation of delay of 48 days in refiling the appeal.

## Facts

Shyam Arora filed an appeal against C-Tel Infosystems Pvt. Ltd. The appeal was directed against an order dated April 27, 2023, passed by the National Company Law Tribunal, New Delhi Court –IV. The appeal was filed with an application bearing IA No. 3837 of 2023 seeking condonation of a 13-day delay in filing the appeal. The appellant's counsel submitted that the delay was due to the appellant's illness, which prevented them from meeting with their advocate to discuss the matter for filing the appeal. The appellant also filed an application bearing IA No. 3839 of 2023 under Rule 11 of the NCLAT Rules, 2016, seeking condonation of a 48-day delay in refiling the appeal. The court noted that the appellant did not provide sufficient details regarding their illness or

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## Issues and analysis

### Issue 1: Whether the delay in filing the appeal should be condoned based on the reasons provided by the …

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

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**Reasoning:** The court reasoned that the appellant failed to provide adequate details regarding their

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**Interpretation:** The interpretation of 'sufficient cause' requires a detailed and credible

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**Application:** In this case, the appellant's vague explanation of illness did not meet the

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## Parties

- **Judges:** Rakesh Kuma…; Barun M…; +1 more
- **Appellants:** Shyam A…
- **Respondents:** C-Tel Infosystems…

## Timeline

- **2023-04-27 — Order by…**: The National Company Law Tribunal, New Delhi Court –IV, passed an order against which the…
- **2023-09-04 — Order by…**: The National Company Law Appellate Tribunal dismissed the appeal and the application for…

## 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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