# 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-00381. 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-00381
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/tirupati-starch-and-chemicals-ltd-vs-industrial-enviro-engineering-services-pvt-af4b7b1d

## 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, upon scrutiny, identified defects on 2022-06-07 and returned the Memo of Appeal to the Appellant on the same day. The Appellant refiled the Memo of Appeal on 2022-06-22. The Appellant stated in the Interlocutory Application (IA) that due to 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 identified defects in the Memo of Appeal on 2022-06-07 and returned it to the Appellant on the same day. The Appellant refiled the Memo of Appeal on 2022-06-22, which was delayed by 7 days. The Appellant attributed the delay to the time taken to get the 'declaration and verification' signed and received back in New Delhi, as the Appellant is a resident of Indore, M.P. The Appellant filed an Interlocutory Application (IA) to condone the delay. The court considered the submissions made on behalf of the Appellant, the averments in the IA, and the office report.

## Issues and analysis

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

**Ratio:** The court has the discretion to condone

…

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

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**Interpretation:** The court interpreted the reasons provided by the Appellant as a sufficient

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**Application:** The court applied the principle of condoning delays when sufficient cause is

…

## Parties

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

## Timeline

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

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