# In the matter of Vimal Saraf & Ors. Vs. Maheshwar Textile & Anr. CA (AT) No. 510-2018

> NCLAT judgment dated 2018-09-04. Citation: TCN-2018-NCLAT-00126. The appeal was filed by a shareholder against an order passed by the Adjudicating Authority…

- **Court:** NCLAT
- **Order date:** 4 Sept 2018
- **Citation:** TCN-2018-NCLAT-00126
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/vimal-saraf-ors-vs-maheshwar-textile-anr-ca-63bcb53b

## Summary

### Background

The appeal was filed by a shareholder against an order passed by the Adjudicating Authority (National Company Law Tribunal), New Delhi Bench, regarding a petition for condonation of delay. The appellant claimed to have learned about the order on June 19, 2018, while another appellant learned about it on July 31, 2018. The certified copy of the order was applied for on July 31, 2018, and received on August 29, 2018. The appeal was preferred on August 29, 2018. The respondent's counsel argued that the 'Corporate Debtor' initially appealed against the same order in 'Company appeal (AT)(Insolvency) No. 314 of 2018', which was dismissed as not maintainable. The appellants' counsel stated that the application under Section 9 of the I&B Code was filed by M/s. Maheshwar

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## Facts

Mr. Vimal Saraf & Ors. filed an appeal against an order by the Adjudicating Authority (NCLT), New Delhi Bench. The appeal concerned a petition for condonation of delay. The first appellant had knowledge of the order since June 19, 2018, and the other appellant since July 31, 2018. The appeal was filed on August 29, 2018. The 'Corporate Debtor' initially moved an appeal which was dismissed. The application under Section 9 of the I&B Code was filed by M/s. Maheshwar Textiles (HUF) based on an arbitral award dated August 19, 2009. An earlier application under Section 9 was also filed by ‘M/s. Maheshwar Textiles'. The 'Corporate Debtor' – ‘Zapp India Ltd.' challenged the application. The Appellate Tribunal by order dated 22nd September, 2017 in ‘Company Appeal

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## Issues and analysis

### Issue 1: Whether the appeal is barred by …

**Ratio:** An appeal must be filed within the prescribed

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**Reasoning:** The court found that the appellant had knowledge of the order for a considerable period

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**Interpretation:** The limitation period for filing an appeal is strictly enforced to ensure

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**Application:** Since the appellant had knowledge of the order since June 19, 2018, and the

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## Parties

- **Judges:** S.J. Mukhop…; Bansi Lal…
- **Appellants:** Vimal S…
- **Respondents:** Zapp Indi…; M/s. Maheshwar…
- **Advocates:** Naresh Kumar…; Abhishek…

## Timeline

- **2009-08-19 — Arbitral Awa…**: Arbitral award date in view of which application under Section 9 of the I&B Code was…
- **2017-09-22 — Order by Appellate…**: Appellate Tribunal by order dated 22nd September, 2017 in ‘Company Appeal…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 8(1) — Insolvency resolution by operational creditor](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-8)

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