# In the matter of Captain Anant Dewan Vs. Air India Limited

> SC judgment dated 2019-10-18. Citation: TCN-2019-SC-00017. This is a Special Leave Petition (Civil) with Diary No. 31664/2019 arising out of an impugned final…

- **Court:** SC
- **Order date:** 18 Oct 2019
- **Citation:** TCN-2019-SC-00017
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/supreme-court-of-india/captain-anant-dewan-vs-air-india-limited-7702dc3d

## Summary

### Background

This is a Special Leave Petition (Civil) with Diary No. 31664/2019 arising out of an impugned final judgment and order dated 21-02-2019 in IB No. 1542(ND)/2018 passed by the National Company Law Tribunal, New Delhi. The petition concerns payments to be made to the petitioner as a pilot, which are currently pending in court. The respondent's counsel informed the court that issues related to Section 9A of the Industrial Disputes Act, 1947, have a vital bearing on the case.

## Facts

Captain Anant Dewan filed a Special Leave Petition (Civil) against M/S Air India Limited, challenging the order of the National Company Law Tribunal (NCLT). The NCLT order, dated 21-02-2019 in IB No. 1542(ND)/2018, was related to payments owed to the petitioner as a pilot. There was a delay in filing the special leave petition. The respondent's counsel argued that issues related to Section 9A of the Industrial Disputes Act, 1947, were relevant to the case. The petitioner had filed an application before the NCLT, which the NCLT will now reconsider after the Supreme Court set aside the original NCLT order.

## Issues and analysis

### Issue 1: Whether the delay in filing the special …

**Ratio:** The court has the discretion to condone delays in filing petitions if sufficient cause is

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**Reasoning:** The court considered the reasons for

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**Interpretation:** This reflects the court's power to overlook procedural delays in the interest

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**Application:** The court condoned the delay, allowing

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## Parties

- **Judges:** ROHINTON FALI…; V. RAMASUBR…
- **Appellants:** CAPTAIN ANANT…
- **Respondents:** M/S AIR INDIA…
- **Advocates:** Gopal Sankarnaraya…; Aditya…; +7 more

## Timeline

- **2019-02-21 — NCLT Ord…**: The National Company Law Tribunal (NCLT), New Delhi, passed an order in IB No.…
- **2019-10-18 — Hearing…**: The Special Leave Petition was called on…

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