Authority: The National Company Law Appellate Tribunal, Principal Bench, New Delhi
Order Date: 5th October, 2026
Case Overview
This Interlocutory Application (No.7071/2026) was filed by Aarti Tubes Pvt. Ltd. (Appellant) against Mahender Kumar Khandelwal, the Resolution Professional of Bhushan Powre and Steel Ltd., and others. The application sought an extension of time to cure defects in the filing of a company appeal. The Appellant had initially e-filed the Memorandum of Appeal on 2nd July 2026. The NCLAT office scrutinized the appeal and intimated the defects to the Appellant on 17th July 2026. The Appellant was required to re-file the corrected appeal within seven days but only did so on 23rd September 2026, resulting in a 61-day delay. The Appellant cited two reasons for the delay: the time required to prepare a complete set of documents to comply with procedural requirements and the absence of the authorized signatory from the city.
Final Outcome
After hearing the Appellant's counsel and perusing the application and office report, the Registrar of the NCLAT noted the 61-day delay in refiling. The Registrar did not rule on the condonation of delay but issued a procedural directive for the case to be placed before the Hon'ble Bench for appropriate orders. The case was to be listed under the heading 'for admission with defect (fresh case)'. The final decision on condoning the delay and admitting the appeal is pending a hearing before the bench.
Topics: Corporate Insolvency, Legal Procedure