Case Details

Case Name: Alt Sahakari Awas Samiti vs Sarvottam Realcon (Pvt.) Ltd.

Court/Authority: National Company Law Appellate Tribunal (NCLAT), Principal Bench, New Delhi

Case Number: Comp. App. (AT) (Ins) No. 880 of 2026

Interlocutory Application Numbers: I.A. No. 3375 of 2026, I.A. No. 3483 of 2026

Date of Order: 25th May 2026

Parties Involved

Appellant(s): Alt Sahakari Awas Samiti

Represented by: Mr. Amit Keshri Pradhan, Advocate

Respondent(s): Sarvottam Realcon (Pvt.) Ltd.

Represented by: Mr. Abhijeet Sinha, Sr. Advocate with Mr. Kunal Godhwani and Ms. Kinjal Chadha, Advocates

Tribunal Members: Justice Ashok Bhushan (Chairperson), Barun Mitra (Member (Technical))

Issues / Allegations / Violations

The core issue was an application (I.A. No. 3375 of 2026) filed by the appellant, Alt Sahakari Awas Samiti, praying for the condonation of a 273-day delay in the refiling of their appeal. The appeal was initially preferred on 27th July 2025. Under the NCLAT Rules of 2016, any defects in the filing must be cured within a stipulated time of 7 days.

Findings & Observations

The Tribunal examined the reason provided in Paragraph 3 of the application for the delay. The appellant stated that the delay occurred due to pending matters related to the same case before the High Court of Judicature at Allahabad and before the Housing Commissioner, Avas Vikas Parishad, Lucknow. The Tribunal found this reason to be insufficient to justify condoning an "inordinate delay of 273 days."

Final Ruling & Enforcement

The application for condoning the refiling delay (I.A. No. 3375 of 2026) was rejected. As a direct consequence of this rejection, the Memo of the Appeal itself was also rejected. The case was closed.