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

> SC judgment dated 2023-11-21. Citation: TCN-2023-SC-00012. 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-00012
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/supreme-court-of-india/ashok-kumar-sarawagi-vs-enforcement-directorate-anr-48fdd8c3

## Summary

### Background

This is a Special Leave Petition (Civil) arising out of a final judgment and order dated 2022-05-09 passed by the National Company Law Appellate Tribunal in CAAT(I) No. 411/2022. The court is hearing the matter regarding 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 dated 2022-05-09 passed by the National Company Law Appellate Tribunal in CAAT(I) No. 411/2022. There were applications for intervention and condonation of delay in filing, as well as permission to file additional documents. The court condoned the delay, allowed the filing of additional documents, and permitted intervention. The matter is listed for further 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 condoned the delay without

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

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**Application:** The court applied its discretion to

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## Parties

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

## Timeline

- **2022-05-09 — Impugned Fina…**: Date of the final judgment and order passed by the National Company Law Appellate…
- **2023-11-21 — Hearing…**: The matters were called…

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