Authority: National Company Law Appellate Tribunal Principal Bench, New Delhi
Order Date: 16 September 2026
Case Overview
This is an order from the National Company Law Appellate Tribunal (NCLAT) in Comp. App. (AT) (Ins) No. 1704 of 2026 and an interconnected Interlocutory Application (I.A. No. 6478 of 2026). The matter involves an appeal filed by The Indure Pvt. Ltd. (Appellant) against B.K. Coal Fields Pvt. Ltd. (Respondent No. 1), which is represented through its Liquidator (formerly Resolution Professional), Arun Gajwani. There is also a second respondent. The proceedings were conducted in hybrid mode. The specific application being heard on this date was the delay condonation application (I.A. No. 6478 of 2026) filed by the appellant.
At the outset, Shri Krishnendu Datta, the Learned Senior Counsel appearing for Respondent No. 1, submitted that his client had not received a copy of the delay condonation application or any other applications filed by the appellant.
The Tribunal noted that notice on the delay condonation application had been received by Mr. Nakul Mohta for Respondent No. 1 and by Mr. Apoorv Agarwal for Respondent No. 2 (the Committee of Creditors).
Final Outcome
The NCLAT bench, comprising Justice Mohammad Faiz Alam Khan (Member-Judicial) and Naresh Salecha (Member-Technical), issued the following directions:
1. The Learned Counsel for the Appellant was directed to provide a copy of the delay condonation application and all other applications to Respondent No. 1 and all other respondents, even if it had not been provided already.
2. The Learned Counsels for the Respondents were granted two weeks to file a reply to the delay condonation application, with an advance copy to the Appellant's counsel.
3. The Appellant's counsel was granted one week thereafter to file a rejoinder, if they so wished.
The case has been listed next for admission hearing (after notice) on 15 October 2026.
Topics: NCLAT, Insolvency Appeal, Procedural Order