# National Highways Authority of India vs IVRCL Chengapalu Tollways Limited

> SC judgment dated 2025-01-03. Citation: TCN-2025-SC-00066. The case arises from a Civil Appeal with Diary No. 46628 of 2024. The appeal challenges the final…

- **Court:** SC
- **Order date:** 3 Jan 2025
- **Citation:** TCN-2025-SC-00066
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/supreme-court-of-india/national-highways-authority-of-india-vs-ivrcl-chengapalu-tollways-limited-552a57bd

## Summary

### Background

The case arises from a Civil Appeal with Diary No. 46628 of 2024. The appeal challenges the final judgment and order dated 2024-08-21 in IA No. 626/2024, passed by the National Company Law Appellate Tribunal, Chennai. The National Highways Authority of India (NHAI) filed the appeal against IVRCL Chengappalli Tollways Ltd & Ors. The primary issue revolves around the condonation of delay in refiling or curing defects.

## Facts

The National Highways Authority of India (NHAI) filed a civil appeal against IVRCL Chengappalli Tollways Ltd & Ors, challenging a judgment and order dated 2024-08-21 passed by the National Company Law Appellate Tribunal (NCLAT), Chennai. The appeal was filed with a delay, and the initial matter concerned the condonation of this delay. The Supreme Court initially condoned the delay. However, upon further consideration, the court found no good ground or reason to interfere with the impugned judgment, which held that the appeal preferred by NHAI was barred by limitation. Consequently, the court dismissed the appeal. The relevance of the limitation period is that it determines the timeliness of the appeal and the court's jurisdiction to hear the case.

## Issues and analysis

### Issue 1: Whether there was sufficient ground and reason …

**Ratio:** The court has the discretion to interfere with a lower court's judgment if there are

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**Reasoning:** The court stated that it did not find any good ground and reason to interfere with the

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**Interpretation:** This issue involves the interpretation of the court's power to review and

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**Application:** In this specific case, the court applied the principle of deference to the

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## Parties

- **Judges:** SANJIV K…; Sanjay…
- **Appellants:** NATIONAL HIGHWAYS…
- **Respondents:** IVRCL Chengapalli…
- **Other parties:** Affir…

## Timeline

- **2024-08-21 — Impugned Judgment and…**: Final judgment and order passed by the National Company Law Appellate Tribunal, Chennai…
- **2025-01-03 — Court He…**: The matter was called for hearing,…

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