Authority: National Company Law Appellate Tribunal, Principal Bench, New Delhi
Order Date: 10th July, 2026
Case Overview
This Interlocutory Application (No.4552/2026) arises from an un-numbered Company Appeal (AT) (Ins.) filed by JSEL Securities Ltd (Appellant) against Manohar Builder and Developer Pvt. Ltd (Respondent). The Appellant e-filed the Memorandum of Appeal on 27th February 2026. The NCLAT office scrutinized the appeal and intimated defects to the Appellant on 12th March 2026. The Appellant was required to re-file the corrected appeal within seven days but only re-filed it on 29th June 2026, resulting in a 102-day delay.
The Appellant cited three reasons for the delay: (1) time required for re-checking and finalizing translations of several vernacular documents, (2) delay in checking the marked defects, and (3) time needed to obtain necessary instructions from the company which is based in Jaipur, Rajasthan. Additionally, during this delay period, the Financial Creditor took critical steps by filing criminal cases against the Corporate Debtor and its key people regarding the mortgaged property that directly impacts the subject matter of the appeal, including the issuance of an FIR.
The Appellant contended that the delay was neither intentional nor deliberate, but purely procedural and bona fide.
Final Outcome
The Registrar, after hearing the learned Counsel for the Appellant and perusing the application and office report, noted the 102-day delay in refiling. The case has been directed to be placed before the Hon'ble Bench with the defect for appropriate orders and listed under the heading 'for admission with defect (fresh case)'.
Topics: NCLAT Procedure, Appeal Refiling Delay, Insolvency Appeal