Authority: National Company Law Appellate Tribunal, Principal Bench, New Delhi

Order Date: 17 September 2026

Case Overview

The appeal was filed by JUD Cements Limited challenging the impugned order dated 10.09.2026 passed by the Adjudicating Authority (NCLT) which dismissed the appellant's recall application (IA No. 160 of 2026) in CP IB No. 40 of 2026. The proceedings originated from a petition filed by Catalyst Trusteeship Limited under Section 7 of the Insolvency and Bankruptcy Code (IBC).

Key procedural timeline:

  • 02.06.2026: Notice issued in Section 7 petition
  • 07.07.2026: Appellant appeared, Respondent filed IA No. 112 of 2026 seeking interim moratorium
  • 18.07.2026 & 22.07.2026: Appellant sought documents from Respondent via email
  • 24.07.2026: Appellant filed reply to IA No. 112 of 2026
  • 27.07.2026: Appellant directed to file reply in main petition
  • 04.08.2026: Appellant filed IA No. 145 of 2026 seeking documents
  • 10.08.2026: IA No. 145 dismissed, appellant's right to file reply forfeited
  • 19.08.2026: Appellant filed recall application (IA No. 160 of 2026)
  • 10.09.2026: Recall application dismissed by NCLT

The appellant contended that they acted in good faith under legal advice, seeking necessary documents to file a proper reply, and never intended to delay proceedings. The respondent opposed, arguing that all documents were already available with the petition copy provided to appellant, and that the appellant deliberately avoided filing reply despite clear directions in the 07.07.2026 order.

The NCLAT noted that the appellant's error was in not filing the reply along with their response to IA No. 112 of 2026, but found that no grave prejudice had been occasioned to the respondent party.

Final Outcome

The appeal was disposed of with the following directions:

1. Appellant shall file reply in the Section 7 petition with advance copy to respondent by 18.09.2026

2. Respondent may file rejoinder to the reply with advance copy to appellant by 21.09.2026

3. Parties to remain present before NCLT on 21.09.2026 and cooperate in early disposal of petition

4. Respondent shall not be accorded any adjournment on 21.09.2026

5. Appellant to deposit cost of ₹50,000 in Prime Minister's Relief Fund within three working days

6. NCLT requested to take proceedings to logical end strictly in accordance with law

The matter was scheduled for arguments before NCLT on 21.09.2026.

Topics: Insolvency Proceedings, NCLAT Order, Procedural Compliance