# In the matter of A Rajendra vs. Gonugunta Madhusudhan Rao & Ors.

> SC judgment dated 2025-04-04. Citation: TCN-2025-SC-00029. The appeals were preferred against the order dated 18.01.2024 passed by the National Company Law…

- **Court:** SC
- **Order date:** 4 Apr 2025
- **Citation:** TCN-2025-SC-00029
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/supreme-court-of-india/a-rajendra-vs-gonugunta-madhusudhan-rao-ors-0a610b97

## Summary

### Background

The appeals were preferred against the order dated 18.01.2024 passed by the National Company Law Appellate Tribunal (NCLAT), where appeals preferred by the appellant were dismissed as a consequence of dismissal of the applications of condonation of delay. The appellant, shareholder and suspended Managing Director of Dharti Dredging and Infrastructure Limited (Corporate Debtor), filed an application under Section 60(5) read with Section 35(1)(N) of the Insolvency and Bankruptcy Code, 2016 (IBC), seeking a direction to the respondent(s) to place the Resolution Plans submitted by him before the Committee of Creditors (CoC) for consideration along with the other Resolution Plan and for staying the voting results on the Resolution Plan. Another application was preferred by

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## Facts

The appellant, A Rajendra, filed appeals against the order dated 18.01.2024 passed by the NCLAT, where appeals preferred by him were dismissed due to the dismissal of applications for condonation of delay. The appellant, being the shareholder and suspended Managing Director of Dharti Dredging and Infrastructure Limited (Corporate Debtor), filed an application under Section 60(5) read with Section 35(1)(N) of the IBC, seeking a direction to place the Resolution Plans submitted by him before the Committee of Creditors (CoC). Respondent No. 1, the Resolution Professional of the Corporate Debtor, also filed an application under Section 30(6) and 31(1) of the IBC read with regulation 39(4) of the IBBI regulations for approval of the Resolution Plan dated 10.01.2023. The

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## Issues and analysis

### Issue 1: Whether the NCLAT was justified in …

**Ratio:** The period of limitation for filing an appeal under Section 61(2) of the IBC is 30 days,

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**Reasoning:** The Court referred to several precedents, including V Nagarajan Vs. SKS Ispat and Power

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**Interpretation:** Section 61(2) of the IBC provides a strict timeline for filing appeals, and the

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**Application:** In this case, the appellant failed to apply for a certified copy of the

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## Parties

- **Judges:** ABHAY S…; Ahsanuddin…; +1 more
- **Appellants:** A. Raje…
- **Respondents:** Dharti Dredging…; Gonugunta…
- **Other parties:** Affir…; LFLBeQ1p34CTxY0BEz…

## Timeline

- **2023-01-10 — Approval of Resolution…**: Resolution Plan dated 10.01.2023 of consortium…
- **2023-07-20 — Order Pronounce…**: The impugned Order was…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 60(5) — Adjudicating Authority for corporate persons](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-60)

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