Primary sources · Order
UCO BANK VS. DEBASHISH NANDA
- Supreme Court adapter could not find a case number for diary number 738882025.
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NOS.8184-8185/2026
UCO BANK APPELLANT
VERSUS
DEBASHISH NANDA & ANR. RESPONDENTS
O R D E R
1. These appeals, challenging the order dated 29th October,
2025 of the National Company Law Appellate Tribunal, New Delhi,
were presented before this Court 5 (five) days beyond the
prescribed period of limitation of 45 (forty-five) days. There was
also a refiling delay of 99 (ninety-nine) days. The delay of 5 (five)
days is not indicated in the office report on limitation being Page A
of the appeal paper book.
2. Though the appellant had applied for condonation of refiling
delay, it did not seek condonation of 5 (five) days’ delay in
presenting the appeals.
3. By an ex parte order dated 08th May, 2026, delay was
condoned by a co-ordinate Bench. Since the appellant had not
applied for condonation of delay in presentation of the appeals
beyond the prescribed period of limitation, such condonation
related to condonation of refiling delay and not to the 5 (five)
days’ delay in presenting the appeals.
4. Be that as it may, an application has now been filed (I.A.
No.231720/2026) by the respondent no.2, upon service of notice,
seeking recall of the order dated 08th May, 2026 on the ground
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that the appeals are time barred and, hence, not maintainable in
the light of the decision of a co-ordinate Bench of this Court in CA
Ramchandra Dallaram Choudhary v. Adani Infrastructure
and Developers Private Limited1.
5. We have heard learned counsel for the appellant and learned
senior counsel for the respondent no.2, applicant in I.A.
No.231720/2026.
6. Having regard to the fact that the appellant did not
represent facts correctly, the order condoning refiling delay is
recalled; also, since the appellant did not seek condonation of 5
(five) days’ delay in presentation of the appeals and refiling delay
beyond 28 (twenty-eight) days cannot be condoned in view of CA
Ramchandra Dallaram Choudhary (supra), the appeals are
dismissed as time-barred.
7. Interim order, granted earlier, stands vacated forthwith.
8. Pending application(s), if any, shall stand disposed of.
………………………………………J.
[DIPANKAR DATTA]
………………………………………J.
[SHEEL NAGU]
NEW DELHI;
AUGUST 11, 2026.
1 2026 SCC OnLine SC 1097
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ITEM NO.20 COURT NO.6 SECTION XVII-B
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Civil Appeal Nos.8184-8185/2026
UCO BANK Appellant
VERSUS
DEBASHISH NANDA & ANR. Respondents
[ TO BE TAKEN UP IMMEDIATELY AFTER REGULAR MATTERS ]
I.A. No.152925/2026-CLARIFICATION/DIRECTION
I.A. No.134435/2026-EXEMPTION FROM FILING C/C OF THE IMPUGNED
JUDGMENT
I.A. No.134436/2026-STAY APPLICATION
I.A. No.149741/2026-VACATING STAY
I.A. No.231720/2026-RECALLING THE COURTS ORDER
Date : 11-08-2026 This matter was called on for hearing today.
CORAM : HON'BLE MR. JUSTICE DIPANKAR DATTA
HON'BLE MR. JUSTICE SHEEL NAGU
For Appellant(s) : Mr. Brijesh Kumar Tamber, AOR
Mr. Vinay Singh Bist, Adv.
Ms. Chanchala Kumari, Adv.
For Respondent(s) : Mr. Shashwat Anand, AOR
Mr. K. Parmeshwar, Sr. Adv.
Ms. Geetika Sharma, AOR
Mr. Prabhat Ranjan Raj, AOR
UPON hearing the counsel the Court made the following
O R D E R
1. The civil appeals are dismissed as time-barred in terms of the signed
order.
2. Pending application(s), if any, shall stand disposed of.
(MANIK KUMAR) (SUDHIR KUMAR SHARMA)
SENIOR PERSONAL ASSISTANT COURT MASTER (NSH)
(signed order is placed on the file)
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