# In the matter of Tirupati Starch and Chemicals Ltd. Vs.
Industrial Enviro &
Engineering Services Pvt. Ltd. Interlocutory Application No. 2012/2022
Un-numbered Company Appeal (AT) (Insolvency) No.___/2022

> NCLAT judgment dated 2022-07-07. Citation: TCN-2022-NCLAT-00384. The case involves an application to extend the time granted for curing defects in the Memo of…

- **Court:** NCLAT
- **Order date:** 7 Jul 2022
- **Citation:** TCN-2022-NCLAT-00384
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/tirupati-starch-and-chemicals-ltd-vs-industrial-enviro-engineering-services-pvt-5e4ead9f

## Summary

### Background

The case involves an application to extend the time granted for curing defects in the Memo of Appeal filed by the Appellant. The Appellant initially filed the Memo of Appeal on 2022-05-26. The office, after scrutiny, intimated defects on 2022-06-07 and returned the Memo of Appeal to the Appellant on the same day. The Appellant re-filed the Memo of Appeal on 2022-06-22. The Appellant stated that being a resident of Indore, M.P., it took time to get the 'declaration and verification' signed and received back in New Delhi, resulting in a delay of 7 days in refiling the Memo of Appeal.

## Facts

The Appellant, Tirupati Starch and Chemicals Ltd., filed a Memo of Appeal on 2022-05-26. The office scrutinized the Memo of Appeal and on 2022-06-07, intimated defects, returning the Memo of Appeal to the Appellant on the same day. The Appellant re-filed the Memo of Appeal on 2022-06-22, which was delayed. The Appellant, residing in Indore, M.P., cited the time taken to get the 'declaration and verification' signed and returned to New Delhi as the reason for the 7-day delay. The Appellant sought condonation of this delay. The court considered the submissions and the IA, ultimately condoning the delay.

## Issues and analysis

### Issue 1: Whether the delay of 7 days in refiling …

**Ratio:** A delay in refiling a document can be

…

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

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**Interpretation:** The court interpreted the circumstances presented by the Appellant as a valid

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**Application:** The court applied the principle of condonation of delay to the specific facts

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## Parties

- **Judges:** Peeush P…
- **Appellants:** Tirupati Starch…
- **Respondents:** Industrial Enviro…

## Timeline

- **2022-05-26 — Filing of Memo…**: The Appellant filed the…
- **2022-06-07 — Intimation of…**: The office intimated defects in the Memo of…

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