# In the matter of State of Odisha. Vs. Bhushan Steel Ltd & Anr. CA(AT)(Insolvency) No. 695-2019

> NCLAT judgment dated 2019-07-09. Citation: TCN-2019-NCLAT-00462. The State of Odisha filed an appeal against M/s. Bhushan Steel Ltd. & Anr. The appeal was…

- **Court:** NCLAT
- **Order date:** 9 Jul 2019
- **Citation:** TCN-2019-NCLAT-00462
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/state-of-odisha-vs-bhushan-steel-ltd-anr-ca-70d7dcdb

## Summary

### Background

The State of Odisha filed an appeal against M/s. Bhushan Steel Ltd. & Anr. The appeal was filed with an Interlocutory Application No.2129 of 2019 seeking condonation of delay. The appellant stated that they learned about the order through newspapers on February 1, 2019, but the appeal was filed on May 3, 2019. The appellant's counsel explained that the delay was due to the time taken by the concerned departments to decide who would file the appeal.

## Facts

The State of Odisha filed an appeal against M/s. Bhushan Steel Ltd. & Anr. An interlocutory application was filed seeking condonation of delay in filing the appeal. The appellant claimed to have learned about the order through newspapers on February 1, 2019, but the appeal was filed on May 3, 2019. The delay was attributed to the time taken by the concerned departments to decide who would file the appeal. The relevance of these facts lies in determining whether the delay could be condoned under the provisions of the Insolvency and Bankruptcy Code, 2016.

## Issues and analysis

### Issue 1: Whether the delay in filing the appeal can be condoned under Section 61 of the Insolvency and …

**Ratio:** The proviso to sub-section (2) of Section 61 of the Insolvency and Bankruptcy Code, 2016,

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**Reasoning:** The court reasoned that the present appeal was hopelessly time-barred, and the delay

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**Interpretation:** Section 61(2) of the Insolvency and Bankruptcy Code, 2016, provides a specific

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**Application:** In this case, the delay exceeded fifteen days. Therefore, the court applied the

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## Parties

- **Judges:** A.I.S. C…; KanthiNar…
- **Appellants:** State of…
- **Respondents:** TATA STEEL BSL…; M/s. Bhushan…

## Timeline

- **2018-05-05 — Order Da…**: The appeal is against the order dated 5th of…
- **2019-02-01 — Appellant Learns of…**: The Appellant came to know about the order…

## 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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