# In the matter of State Bank of India vs. India Power Corporation Limited

> SC judgment dated 2024-09-27. Citation: TCN-2024-SC-00028. The case involves a dispute regarding the condonation of delay in filing an appeal before the…

- **Court:** SC
- **Order date:** 27 Sept 2024
- **Citation:** TCN-2024-SC-00028
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/supreme-court-of-india/state-bank-of-india-vs-india-power-corporation-limited-d770e818

## Summary

### Background

The case involves a dispute regarding the condonation of delay in filing an appeal before the NCLAT. The National Company Law Tribunal (NCLT) at Hyderabad rejected an application filed by State Bank of India under Section 7 of the Insolvency and Bankruptcy Code, 2016 against India Power Corporation Limited. The appeal before the NCLAT, Chennai, was filed with a delay of 3 days beyond the 30-day period prescribed in Section 61(2). A difference arose between two members of the NCLAT regarding whether the delay should be condoned, with the Judicial Member holding that the 'free of cost' copy filed by the appellant was insufficient without an application for a certified copy, and the Technical Member disagreeing. The matter was referred to a third member who agreed with

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## Facts

State Bank of India (SBI) filed an application under Section 7 of the Insolvency and Bankruptcy Code (IBC) against India Power Corporation Limited. The National Company Law Tribunal (NCLT) at Hyderabad rejected SBI's application on the grounds of maintainability on 30 October 2023. SBI appealed to the National Company Law Appellate Tribunal (NCLAT) in Chennai, filing the appeal on 2 December 2023, which was 3 days beyond the initial 30-day period prescribed by Section 61(2) of the IBC. SBI sought condonation of the delay. A difference of opinion arose between the two members of the NCLAT on 1 May 2024 regarding the condonation of delay. The Judicial Member believed that the 'free of cost' copy filed by SBI was insufficient without a formal application for a certified

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## Issues and analysis

### Issue 1: Whether the delay of three days in filing the …

**Ratio:** Section 61(2) of the IBC allows the NCLAT to condone delays in filing an appeal if there

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**Reasoning:** The Court found that the appeal was filed within the condonable period of 15 days. The

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**Interpretation:** Section 61(2) provides a window for condoning delays up to 15 days if

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**Application:** The Court applied the principle of condonation of delay, considering that the

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## Parties

- **Judges:** Dr Dhananjaya Y…; Manoj M…
- **Appellants:** State Bank of…
- **Respondents:** INDIA POWER…

## Timeline

- **2023-10-30 — NCLT Ord…**: The National Company Law Tribunal (NCLT) at Hyderabad rejected the application filed by…
- **2023-12-02 — Appeal F…**: State Bank of India filed an appeal before the…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 61(2) — Appeals and Appellate Authority](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-61)

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