Authority: National Company Law Appellate Tribunal, Principal Bench, New Delhi
Order Date: 5th October, 2026
Case Overview
This Interlocutory Application (No.7071/2026) arises from an un-numbered Company Appeal filed by Aarti Tubes Pvt. Ltd. (Appellant) against Mahender Kumar Khandelwal, the Resolution Professional of Bhushan Powre and Steel Ltd., and Others (Respondents). The Appellant had initially e-filed the Memorandum of Appeal on 2nd July 2026. The NCLAT office scrutinized the memo and intimated defects to the Appellant on 17th July 2026. The Appellant was required to cure these defects and re-file the appeal within seven days of this intimation. However, the appeal was only re-filed on 23rd September 2026, resulting in a delay of 61 days beyond the stipulated deadline. The Appellant, represented by Advocates Anupinder Singh Jassal, Somya, and Samriddhi, submitted that the delay occurred due to the time required for preparing a complete set of documents to meet procedural requirements and because the authorized signatory was not present in the city.
Final Outcome
The Registrar, after hearing the Appellant's counsel and perusing the application and office report, noted the 61-day delay in refiling. The order directs that the case be placed before the Hon'ble Bench for appropriate orders, specifically under the heading 'for admission with defect (fresh case)'. The application for condonation of delay is thus forwarded to the bench for a decision.
Topics: NCLAT Procedure, Delay Condonation, Corporate Insolvency