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Judgment
(Hybrid Mode)
Oral Judgment: Justice Sharad Kumar Sharma, Member (Judicial)
In this company appeal, the Appellant challenges the impugned order dated 11.07.2025, as it was passed in IA(IBC)/687/CHE/2024, preferred in CP(IBC)/40/CHE/2023, which had a consequential effect of allowing the additional documents to be taken on record.
The company appeal when preferred, was accompanied with a Condone Delay Application, being IA No.1416/2025, where the Appellant has sought for condonation of 14 days of delay that has chanced in preferring the Appeal. After having considered the reasons, particularly those as contained in para 2 of the Condone Delay Application and finding the same to be satisfactory and coupled with the fact that, the delay is falling well within the condonable period as statutorily prescribed under the proviso to Sub-Section 2 of Section 61 of the I & B Code, 2016, the delay of 14 days that has chanced would stand ‘condoned’. Accordingly, IA No. 1416/2025, would stand ‘allowed’.
Owing to the fact that, as of now, the Operational Creditor has already been placed under liquidation, hence the issue pertaining to taking additional documents on record loses its significance. The same would be permissible to be agitated in any corresponding or parallel proceeding, which are taken by the Appellant before any judicial forum as per law. Subject to the above the company appeal is laid to rest.