Authority: National Company Law Appellate Tribunal Principal Bench, New Delhi
Order Date: 28 September 2026
Case Overview
The appeal was filed by Kamlesh Kumar Upadhyay, suspended director of Kashyapi Infrastructure Pvt. Ltd., against an order of the Adjudicating Authority (NCLT) in an insolvency proceeding initiated by an operational creditor. The appellant contended that the principle of natural justice was violated as they were not provided a fair opportunity of hearing before the Adjudicating Authority. The specific ground raised was that written submissions could not be uploaded due to a technical glitch in the e-filing portal of the Adjudicating Authority, preventing the appellant from properly presenting their case against the insolvency petition. Despite claiming a strong case on merits, the appellant offered to deposit the entire amount claimed by the operational creditor (₹2,34,83,915) as a show of bona fide and to protect their financial reputation, conditional upon the appeal's outcome.
Final Outcome
The NCLAT issued notice to respondents and granted two weeks for filing replies, with one week thereafter for rejoinder. The tribunal directed the appellant to deposit ₹2,34,83,915 in the form of an FDR in the name of the Registrar of the Appellate Tribunal within ten days from the order date. Subject to this deposit, the impugned order of the Adjudicating Authority was stayed until the next hearing date. The appeal was listed for further hearing on 12 October 2026.
Topics: Insolvency Appeal, Natural Justice, Technical Glitch