# In the matter of Ashok Kumar Sarawagi vs. Enforcement Directorate & Anr.

> SC judgment dated 2023-11-21. Citation: TCN-2023-SC-00011. This is a Special Leave Petition (Civil) arising out of a final judgment and order dated 2022-05-09…

- **Court:** SC
- **Order date:** 21 Nov 2023
- **Citation:** TCN-2023-SC-00011
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/supreme-court-of-india/ashok-kumar-sarawagi-vs-enforcement-directorate-anr-269226ef

## Summary

### Background

This is a Special Leave Petition (Civil) arising out of a final judgment and order dated 2022-05-09 in CAAT(I) No. 411/2022 passed by the National Company Law Appellate Tribunal. The matter involves an intervention application, condonation of delay in filing, and permission to file additional documents/facts/annexures.

## Facts

Ashok Kumar Sarawagi filed a Special Leave Petition (Civil) against Enforcement Directorate & Anr. The petition arises from a final judgment and order passed by the National Company Law Appellate Tribunal in CAAT(I) No. 411/2022 on 2022-05-09. Several interlocutory applications were filed, including an intervention application (I.A. NO. 49945/2023), an application for condonation of delay in filing (IA No. 156830/2022), and an application for permission to file additional documents/facts/annexures (IA No. 155872/2022). The court condoned the delay, allowed the filing of additional documents, and permitted the intervention application. The case is listed for directions on 2024-01-09.

## Issues and analysis

### Issue 1: Whether the delay in …

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

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**Reasoning:** The court heard the counsels and, based on the submissions, found it appropriate to

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**Interpretation:** Condonation of delay is a discretionary power of the court, exercised based on

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**Application:** In this case, the court condoned the delay, implying that it found sufficient

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## Parties

- **Judges:** SANJAY KISH…; Sudhanshu…
- **Appellants:** ASHOK KUMAR…
- **Respondents:** ENFORCEMENT…

## Timeline

- **2022-05-09 — Impugned Final Judgment…**: Final judgment and order passed by the National Company Law Appellate Tribunal in CAAT(I)…
- **2023-11-21 — Hearing…**: The matters were called…

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