Authority: National Company Law Appellate Tribunal (NCLAT) Principal Bench, New Delhi
Order Date: July 15, 2026
Case Overview
This is an interim procedural order in an appeal filed by Canara Bank (Appellant) against an order dated April 22, 2026, which involved Vivek Kumar, the Resolution Professional for AVJ Developers (India) Pvt. Ltd., and another respondent. The Tribunal's attention was drawn to a report submitted by its own Registry dated July 9, 2026. This report contained a significant inconsistency concerning the calculation of the limitation period for filing the appeal.
The impugned order was passed on April 22, 2026. In the ordinary course, the statutory limitation period of 30 days for filing an appeal would have expired on May 22, 2026. However, the Registry's report incorrectly stated that the limitation period would expire on June 14, 2026, and, based on this miscalculation, erroneously certified that the appeal—e-filed on June 5, 2026—was within time. The Tribunal expressed surprise at this inconsistent report.
Final Outcome
The Tribunal issued a directive for the concerned Registry official to submit an explanation clarifying how this inconsistent report was prepared and submitted. Concurrently, learned counsel for the Appellant, Canara Bank, sought one week's time to file a formal application for condonation of the delay in filing the appeal. The Tribunal granted this permission. The appeal has been adjourned and is now listed for the next hearing on July 23, 2026.
Topics: NCLAT, Insolvency, Banking