# In the matter of Vish Wind Infrastructure LLP vs. Shailen Shah, RP of Wind World (India) Ltd.

> SC judgment dated 2024-08-05. Citation: TCN-2024-SC-00045. The case originates from a judgment and order dated 2023-11-09 passed by the National Company Law…

- **Court:** SC
- **Order date:** 5 Aug 2024
- **Citation:** TCN-2024-SC-00045
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/supreme-court-of-india/vish-wind-infrastructure-llp-vs-shailen-shah-rp-of-wind-world-79b32f2e

## Summary

### Background

The case originates from a judgment and order dated 2023-11-09 passed by the National Company Law Appellate Tribunal (NCLAT) in CAAT(I) No. 241/2023. The appellant, Vish Wind Infrastrukture LLP, filed a civil appeal against the respondent, Shailen Shah, Resolution Professional of Wind World (India) Ltd. The appeal was filed with a delay, and an application for condonation of delay was also submitted.

## Facts

Vish Wind Infrastrukture LLP filed a civil appeal against Shailen Shah, the Resolution Professional of Wind World (India) Ltd. The appeal arose from a judgment and order dated 2023-11-09 passed by the National Company Law Appellate Tribunal (NCLAT) in CAAT(I) No. 241/2023. There was a delay in filing the appeal, and an application for condonation of delay was filed along with the appeal. The Supreme Court heard the arguments presented by the appellant's counsel and ultimately dismissed the appeal, concurring with the view taken by the NCLAT. The relevance of the facts lies in the Supreme Court's decision to uphold the NCLAT's judgment, indicating its agreement with the lower tribunal's assessment of the case.

## Issues and analysis

### Issue 1: Whether the Supreme Court should condone …

**Ratio:** The court has the discretion to condone

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**Reasoning:** The court condoned the delay, indicating

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**Interpretation:** This implies that the court considered the reasons for the delay and found them

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**Application:** The court applied its discretion to condone the delay, allowing the appeal to

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## Parties

- **Judges:** ABHAY S…; AUGUSTINE GEORGE…
- **Appellants:** Vish Wind…
- **Respondents:** WIND WORLD…; Shailen…
- **Other parties:** Affir…
- **Advocates:** Abhishek Manu…; Alok…; +6 more

## Timeline

- **2023-11-09 — NCLAT Or…**: The National Company Law Appellate Tribunal (NCLAT) passed a judgment and order in…
- **2024-08-05 — Supreme Cour…**: The Supreme Court heard the appeal and dismissed it, concurring with the view taken by…

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