SC calls for govt 'introspection' over excessive delays in filing pleas

The Supreme Court on Friday called for an introspection by government authorities, including the National Highways Authority of India, over excessive delays in filing of appeals.

Chief Justice of India Sanjiv Khanna while hearing a plea by the NHAI said, "I think everyone is adhering to the time schedule in almost 95 per cent of the cases. Why should the government of India not be able to adhere to it? There is something wrong somewhere... Introspection is necessary."  The NHAI challenged an order by the National Company Law Appellate Tribunal (NCLAT) in an insolvency case which was listed before the bench, also comprising Justice Sanjay Kumar.

 

The NCLAT had dismissed the NHAI's appeal on account of the delay.

Expressing disapproval over the 295-day delay, the CJI emphasised on the importance of adhering to procedural timelines and observed solicitor general Tushar Mehta, representing the NHAI, had agreed with the court and assured addressing the issue.

"I undertake to speak to the chairman. Let him investigate why there was lethargy or otherwise," said Mehta.

The case pertained to Insolvency and Bankruptcy Code proceedings where the NHAI, an operational creditor, challenged a resolution plan approved without its consent.

The authority was aggrieved by the new terms introduced by a resolution plan involving a new concessionaire, which the NHAI alleged disregarded its interests.

The law officer informed the bench that the resolution professional had directed the NHAI to file a claim under Form F (proof of claim by any other stakeholder).

However, the bench declined to examine the merits of the matter and dismissed the plea as time-barred.