Case Details
Case Name: Bank of Baroda vs Dera Finvest Pvt. Ltd. & Ors. (In the matter of Harkar Developers Pvt. Ltd.)
Court/Authority: National Company Law Appellate Tribunal Principal Bench, New Delhi
Case Number: Interlocutory Application No.3939/2026 in Company Appeal (AT) (Ins.) No.650 of 2025
Date: 26th May, 2026 (Hybrid Mode)
Parties Involved
Applicant: Bank of Baroda
Appellant: Harkar Developers Pvt. Ltd.
Respondents: Dera Finvest Pvt. Ltd. & Others
Issues / Allegations / Violations
This is a procedural application seeking extension of time for curing defects in filing. The Applicant (Bank of Baroda) e-filed the Interlocutory Application on 07.11.2025. The Office scrutinized the IA on 20.02.2026 and intimated defects to the Applicant on the same day. The Applicant re-filed the IA on 25.05.2026 with a delay of 87 days from the defect intimation date.
The application states that the delay occurred due to an unintentional error in noting the correct date of hearing, which caused counsel for Respondent No. 3 to remain absent on hearing dates 14.08.2025 and 15.09.2025. The absence was described as purely accidental and not deliberate, with no intention to delay proceedings.
Findings & Observations
The Registrar noted that the Applicant was required to re-file the IA within seven days from the date of intimation of defects (20.02.2026), but instead re-filed with a delay of 87 days on 25.05.2026.
Final Ruling & Enforcement
The IA has been placed before the Hon'ble Bench for appropriate orders regarding the condonation of 87-day delay in refiling the application. No final decision has been rendered in this order.
Additional Information
The application seeks setting aside of an Ex-parte order passed by the Tribunal and requests permission for Respondent No. 3 (Secured Financial Creditor) to participate in the proceedings. The applicant claims the application has been made bona-fide and in the interest of justice.