# In the matter of Shree Bhawani Paper Mills Limited

> NCLT judgment dated 2025-09-08. Citation: TCN-2025-NCLT-01432. The case involves an application filed by Electric Distribution Division-I seeking condonation…

- **Court:** NCLT
- **Order date:** 8 Sept 2025
- **Citation:** TCN-2025-NCLT-01432
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-allahabad/shree-bhawani-paper-mills-limited-0d1d0318

## Summary

### Background

The case involves an application filed by Electric Distribution Division-I seeking condonation of delay in filing IA No. 229/2022, which challenged the rejection of their claim by the Liquidator of M/s Shree Bhawani Paper Mills Limited.

## Facts

Electric Distribution Division-I filed an application seeking condonation of delay of 45 days in filing IA No. 229 of 2022.

IA No. 229 of 2022 challenged the order dated 21.12.2021 passed by the Liquidator of M/s Shree Bhawani Paper Mills Limited, rejecting the Applicant's claim.

The last date for filing claims in the liquidation proceedings was 05.08.2021, but the Applicant filed its claim on 17.12.2021, with a delay of 134 days.

The Respondent (Liquidator) argued that the appeal under Section 42 was filed after a delay of 45 days, even beyond the extended limitation period granted by the Supreme Court due to the COVID-19 pandemic.

The Applicant relied on the Supreme Court's suo motu extension of limitation due to the COVID-19 pandemic.

…

## Issues and analysis

### Issue 1: Whether the Tribunal has the jurisdiction to condone the delay of 45 days occasioned in filing IA …

**Ratio:** Tribunals have no inherent power to condone delays beyond the statutorily prescribed

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**Reasoning:** The NCLT relied on judgments from the Supreme Court and NCLAT, which held that tribunals

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**Interpretation:** The statutory scheme and judicial precedents indicate that the application for

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**Application:** The delay of 45 days beyond the extended limitation period could not be

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## Parties

- **Judges:** Praveen…; Ashish…
- **Appellants:** Electric Distribut…
- **Respondents:** M/s Shree Bhawani…; Anju Ag…
- **Other parties:** Madhyanchal…; Anil K…; +1 more
- **Advocates:** Shivendra B…; Abhishek…; +1 more

## Timeline

- **2021-07-07 — Liquidation Commencement…**: Liquidation process…
- **2021-07-10 — Public announcement…**: Public announcement was made to…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 42 — Appeal against the decision of liquidator](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-42)

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