Authority: The 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 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 instead re-filed it on 29th June 2026, resulting in a delay of 102 days. The Appellant cited three reasons for this delay: the time-consuming process of re-checking and finalizing translations of several vernacular documents; the delay in checking the marked defects; and the need to take necessary instructions from the company, which is based in Jaipur, Rajasthan. Additionally, the Appellant stated that during this period, the Financial Creditor took critical steps by filing criminal cases against the Corporate Debtor and its key people regarding the mortgaged property, which directly impacts the subject issue, and an FIR was also issued in this matter. The Appellant characterized the delay as neither intentional nor deliberate, but purely procedural and bona fide.
Final Outcome
After hearing the learned Counsel for the Appellant and perusing the averments in the IA and the office report, the Registrar noted the 102-day delay in refiling. The case was ordered to be listed before the Hon'ble Bench under the heading 'for admission with defect (fresh case)' for appropriate orders. The application for condonation of delay remains pending a decision by the Bench.
Topics: NCLAT Procedure, Appeal Refiling Delay, Insolvency Appeal