# In the matter of Prayag Polytech Pvt. Ltd. IA No. 219-JPR-2019 in IB No. 78-7-JPR-2019

> NCLT judgment dated 2019-07-19. Citation: TCN-2019-NCLT-02411. The case involves an application filed for waiver of costs imposed on the Corporate Debtor for…

- **Court:** NCLT
- **Order date:** 19 Jul 2019
- **Citation:** TCN-2019-NCLT-02411
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/prayag-polytech-pvt-ltd-ia-no-219-jpr-2019-in-ib-no-78-7-jpr-2019-10b9cb4c

## Summary

### Background

The case involves an application filed for waiver of costs imposed on the Corporate Debtor for a delay in filing a reply. The order dated 31st May 2019, indicated that the Corporate Debtor was given two weeks to file a reply. The authorized representative was indisposed and unable to travel from Delhi to give instructions. Court vacation followed, and the counsel was unavailable, preventing the filing of the reply. On the next hearing date, 12th July 2019, the reply was ready and requested to be filed, but it was allowed subject to cost.

## Facts

M/s Luminant Distributors Pvt. Ltd. initiated a Corporate Insolvency Resolution Process (CIRP) against M/s Prayag Polytech Pvt. Ltd. under Section 7 of the IBC, 2016. An application was filed to waive the cost imposed on the Corporate Debtor, M/s Prayag Polytech Pvt. Ltd., for the delay in filing the reply. The order dated 31st May 2019, gave the Corporate Debtor two weeks to file a reply. The authorized representative was indisposed and unable to travel from Delhi to provide instructions, and court vacation followed, preventing the filing of the reply. On 12th July 2019, the reply was ready and requested to be filed, but it was allowed subject to cost. The delay was stated to be unintentional. The learned counsel for the applicant did not raise any objection.

## Issues and analysis

### Issue 1: Whether the cost imposed on the Corporate Debtor for …

**Ratio:** The court has the discretion to waive costs if the delay is unintentional and no

…

**Reasoning:** The court considered the submission that the delay was unintentional and the absence of

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**Interpretation:** The court interpreted the circumstances surrounding the delay and considered

…

**Application:** The court applied the principle of discretion in waiving costs, considering the

…

## Parties

- **Judges:** DEEPTI M…
- **Appellants:** M/s Luminant…
- **Respondents:** M/s. Prayag…

## Timeline

- **2019-05-31 — Order for Fili…**: The Corporate Debtor was given…
- **2019-07-12 — Reply Ready, Subject to…**: The reply was ready and requested to be…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 7 — Initiation of corporate insolvency resolution…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-7)

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