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‘Why should Govt of India not adhere to timelines’: Supreme Court slams Centre over delay in appeal filings
Appearing for the National Highways Authority of India, SG Tushar Mehta assured the top court that the issue will be address.
The Supreme Court on Friday slammed the central government, including the National Highways Authority of India (NHAI), for excessive delays in filing of appeals. It was hearing a plea filed to challenge an order in an insolvency case.
Hearing a plea filed by the NHAI, Chief Justice Of India Sanjiv Khanna observed that everyone is adhering to the time schedule for filing appeals in almost 95 per cent of the cases, asking, “Why should the government of India not be able to adhere to it? There is something wrong somewhere...Introspection is necessary.”
The top court bench comprised CJI Khanna and Justice Sanjay Kumar. In its plea, the NHAI challenged an order by the National Company Law Appellate Tribunal (NCLAT) in an insolvency case listed before the bench, PTI reported.
Owing to the delay in filing, NCLAT had dismissed NHAI’s appeal.
CJI Khanna expressed discontent over the 295-day delay and pressed on the importance of abiding the procedural deadlines and observed that solicitor general Tushar Mehta, appearing for NHAI, had also agreed with the court.
SG Mehta assured the apex court that the issue will be addressed. “I undertake to speak to the chairman. Let him investigate why there was lethargy or otherwise,” he added.
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In the Insolvency and Bankruptcy Code proceedings, NHAI, which is an operational creditor, challenged a resolution plan approved without its consent.
The authority was not satisfied with the new terms introduced by the plan, which also involved a new concessionaire. The NHAI alleged that the new plan disregarded its interests.
In this case, the law officer informed the bench that the resolution professional had asked the NHAI to file a claim under Form F, which is proof of claim by any other stakeholder, PTI reported. The bench, however, refused to examine the merits of the case and dismissed the plea as ‘time-barred’.
(with PTI inputs)
