# In the matter of CA Ramchandra Dallaram Choudhary vs. Adani Infrastructure & Developers Private Limited

> SC judgment dated 2025-05-05. Citation: TCN-2025-SC-00017. The case involves an appeal against an order of the National Company Law Tribunal (NCLT),…

- **Court:** SC
- **Order date:** 5 May 2025
- **Citation:** TCN-2025-SC-00017
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/supreme-court-of-india/ca-ramchandra-dallaram-choudhary-vs-adani-infrastructure-developers-private-limi-35132d8a

## Summary

### Background

The case involves an appeal against an order of the National Company Law Tribunal (NCLT), Ahmedabad, which partly allowed an application filed by Adani Infrastructure & Developers Private Limited under Section 60(5) of the Insolvency and Bankruptcy Code, 2016. The NCLT's order directed certain actions, including exonerating the applicant from paying interest and directing the liquidator not to forfeit the EMD. The Liquidator of the corporate debtor, M/s Anil Limited, filed an appeal before the National Company Law Appellate Tribunal (NCLAT), which was delayed. The NCLAT dismissed the applications for condonation of delay in filing/refiling the appeal, leading to the rejection of the appeal itself. This dismissal is now being challenged before the Supreme Court.

## Facts

The National Company Law Tribunal (NCLT), Ahmedabad, partly allowed an application filed by Adani Infrastructure & Developers Private Limited. The Liquidator of M/s Anil Limited appealed this order to the National Company Law Appellate Tribunal (NCLAT). The appeal was presented 13 days beyond the 30-day limitation period, and an application for condonation of delay was filed. The NCLAT registry marked the appeal as defective. After curing the defects, the appeal was re-filed, but another application for condonation of delay was required. The NCLAT dismissed the applications for condonation of delay, leading to the rejection of the appeal. An e-auction notice was issued by the appellant for the sale of land belonging to the corporate debtor. Adani Infrastructure

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## Issues and analysis

### Issue 1: Whether the NCLAT was correct in dismissing the …

**Ratio:** Courts should view applications relating to lawyer's lapses more leniently than

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**Reasoning:** The court reasoned that the appellant had taken necessary steps within the prescribed

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**Interpretation:** The court interpreted the principle of 'sufficient cause' to include situations

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**Application:** The court applied the ratio to the specific facts of the case, noting that the

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## Parties

- **Judges:** DIPANKAR…; Manmo…
- **Appellants:** CA Ramchandra…
- **Respondents:** M/s Anil L…; ADANI INFRASTRUCTU…
- **Other parties:** Over Tu…

## Timeline

- **2022-10-31 — Respondent Sub…**: Adani Infrastructure submitted a bid to acquire the subject land and enclosed a demand…
- **2022-12-03 — Appellant Issues Fresh…**: The appellant issued a fresh e-auction…

## 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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