# In the matter of Sunil Sanghavi Vs. Cytech Coatings Pvt. Ltd. CA (AT) No. 635-2018

> NCLAT judgment dated 2018-10-25. Citation: TCN-2018-NCLAT-00078. The case involves an appeal filed by Sunil Sanghavi against Cytech Coatings Pvt. Ltd. The…

- **Court:** NCLAT
- **Order date:** 25 Oct 2018
- **Citation:** TCN-2018-NCLAT-00078
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/sunil-sanghavi-vs-cytech-coatings-pvt-ltd-ca-e9c490de

## Summary

### Background

The case involves an appeal filed by Sunil Sanghavi against Cytech Coatings Pvt. Ltd. The appellant claims to have been unaware of the proceedings or the impugned order dated June 18, 2018, until October 5, 2018. The appeal was filed without a certified copy of the impugned order.

## Facts

Sunil Sanghavi, the appellant, filed an appeal against Cytech Coatings Pvt. Ltd. The appellant, claiming to be a shareholder, stated that they were unaware of the proceedings or the order dated June 18, 2018, until October 5, 2018. The appeal was filed without a certified copy of the impugned order. The appellant requested permission to file a petition for condonation of delay, which the court granted, setting a deadline of October 29, 2018, for stating the relevant facts. The parties informed the court that they had settled their claims. The case was then posted for orders on October 30, 2018.

## Issues and analysis

### Issue 1: Whether the appellant should be allowed to file a petition for condonation of delay in filing the …

**Ratio:** The court has the discretion to allow a party to file a petition for condonation of delay

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**Reasoning:** The court considered the appellant's submission that they were unaware of the impugned

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**Interpretation:** The legal principle of condonation of delay allows a court to excuse a delay in

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**Application:** In this case, the court applied the principle of condonation of delay by

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## Parties

- **Judges:** S.J. Mukhop…; Bansi Lal…
- **Appellants:** Sunil San…
- **Respondents:** Cytech Coatings…
- **Advocates:** K.K.Sh…; Mayank…; +4 more

## Timeline

- **2018-06-18 — Impugned Ord…**: Date of the original order…
- **2018-10-05 — Appellant's K…**: Appellant claims to have become…

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