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25. Now we need to notice the Judgment of "Sridevi Datla" (supra) case which has been relied by Learned Counsel for the Appellant. In In Company Appeal (AT) (Insolvency) No. 1354 of 2023 Sridevi Datla, Hon'ble Supreme Court has occasion to consider provision of Section 16 of NGT Act, 2010 as well as Section 10 of General Clauses Act. In the above case, by an order dated 14th August, 2017, approval was granted to the Project Applicant. As per Section 16 of the NGT Act, Appeal can be filed within 30 days. Proviso of Section 16 further provided that Tribunal if satisfied that Appellant is prevented by sufficient cause from filing the Appeal, Appeal from said period allowed to be filed within a further period not exceeding 60 days. In the above case the Appeal was filed on 13.11.2017. Submission was raised by the Appellant that 13.11.2017 being within condonable period of 60 days provided in proviso was treated to be within time and the order of NGT dismissing the Appeal as barred by time was set aside and delay in filing the Appeal was condoned. Section 16 of the NGT Act has been extracted in Paragraph 13 of Judgment which is as follows:

Provided that the Tribunal may, if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal within the said period, allow it to be In Company Appeal (AT) (Insolvency) No. 1354 of 2023 filed under this section within a further period not exceeding sixty days."

26. Hon'ble Supreme Court noticed the argument of the Appellant on Section 10 of the General Clauses Act. The Hon'ble Supreme Court held that there is no indication in the NGT Act that Section 10 of the General Clauses Act cannot be applied in the NGT Act. In paragraph 20 to 22, following was observed:

22. Other decisions [Manohar Joshi v. Nitin Bhaurao Patil, (1996) 1 SCC 169; Mohd. Ayub v. State of U.P., (2009) 17 SCC 70 : (2011) 1 SCC (L&S) 580] have followed the same reasoning. It is also noticeable that there is no indication in the NGT Act that Section 10 of the General Clauses Act cannot be applied. It is, therefore, held that the provision applies proprio vigore to all appeals filed under the NGT Act."

In Company Appeal (AT) (Insolvency) No. 1354 of 2023

27. Hon'ble Supreme Court ultimately accepted the argument of the Appellant, delay in filing the Appeal was condoned. Following was held in paragraph 31:

"31. In view of the foregoing findings, this Court is of the opinion that the impugned order [Sridevi Datla v. Union of India, 2020 SCC OnLine NGT 870] of NGT has to be and is, therefore set aside. The delay in filing the appeal before NGT is hereby condoned; the parties shall now appear and proceed to argue the appeal on its merit, which shall then be disposed in accordance with law. The appeal is allowed. There shall be no order on costs."