# In the matter of The State Trading Corporation of India vs. Ganesh Benzoplast Limited I.A. No. 304 of 2022 in Company Appeal (AT) (Ins.) No. 753 of 2021

> NCLAT judgment dated 2023-04-20. Citation: TCN-2023-NCLAT-00595. The State Trading Corporation of India filed an appeal against an order dated 13.02.2020…

- **Court:** NCLAT
- **Order date:** 20 Apr 2023
- **Citation:** TCN-2023-NCLAT-00595
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/the-state-trading-corporation-of-india-vs-ganesh-benzoplast-limited-ia-no-304-of-1adf82e1

## Summary

### Background

The State Trading Corporation of India filed an appeal against an order dated 13.02.2020 passed by the Adjudicating Authority (National Company Law Tribunal, Mumbai Bench). The order pertained to an application filed under Section 9 of the Code for resolution of an amount of Rs. 24,26,44,490/-, where the Corporate Debtor was directed to make a payment of Rs. 2,18,88,421 within 30 days. The appeal was accompanied by an application (I.A. No. 304 of 2022) seeking condonation of delay in filing the appeal, citing the extended period of limitation due to orders passed by the Supreme Court during the COVID-19 pandemic.

## Facts

The State Trading Corporation of India (Appellant) filed an appeal against an order dated 13.02.2020 passed by the Adjudicating Authority (NCLT, Mumbai Bench) regarding an application under Section 9 of the Code. The Corporate Debtor was directed to pay Rs. 2,18,88,421. The Appellant filed the appeal along with I.A. No. 304 of 2022 seeking condonation of delay, citing Supreme Court orders extending limitation during the COVID-19 pandemic. The Appellant received a certified copy of the impugned order on 12.03.2020 and filed the appeal on 25.08.2021. The Respondent argued that the limitation period expired on 14.03.2020 and the appeal was filed beyond the extended period. The Supreme Court issued orders on 23.03.2020, 08.03.2021, and 10.01.2022 extending limitation due

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## Issues and analysis

### Issue 1: Whether the delay in filing the appeal can be condoned considering the orders passed by the Hon'ble …

**Ratio:** The statutory provisions provide that any delay beyond 15 days in preferring the appeal

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**Reasoning:** The NCLAT considered the orders of the Supreme Court regarding the extension of

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**Interpretation:** The Supreme Court's orders extending the period of limitation during the

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**Application:** In this case, the Appellant filed the appeal with a significant delay, and the

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## Parties

- **Judges:** Rakesh Kuma…; Alok Sriv…
- **Appellants:** The State Trading…
- **Respondents:** M/S GANESH…

## Timeline

- **2020-02-13 — Order by Adjudicating…**: The Adjudicating Authority (NCLT, Mumbai Bench) passed an order directing the Corporate…
- **2020-03-23 — Supreme Court Order on…**: The Supreme Court passed an order extending the period of limitation due to the COVID-19…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 9 — Application for initiation of corporate insolvency…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-9)

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