Authority: National Company Law Appellate Tribunal, Principal Bench, New Delhi
Order Date: 04.11.2026
Case Overview
This is an appeal (Comp. App. (AT) (Ins) No. 1820 of 2026) filed by Kamlesh Kumar Upadhyay, a suspended director of Kashyapi Infrastructure Pvt. Ltd., against respondents including Satya Prakash Gupta, the Interim Resolution Professional (IRP) appointed for the company. The appeal arises from proceedings under the Insolvency and Bankruptcy Code (IBC). The core legal dispute pertains to the timeliness of filing the initial petition before the Adjudicating Authority (NCLT). The appellant's counsel argued that the petition was filed prematurely. The argument centered on the interpretation of Sections 8 and 9 of the IBC, which mandate a 10-day notice period. The appellant contended that a notice under Section 8 was received on 25.06.2025, and the petition was filed on 05.07.2025, which they claimed was within the stipulated 10-day period. In response, the respondent's counsel drew attention to a reply filed by the appellant himself in the lower court, which admitted to receiving the Section 8 notice a day earlier, on 24.06.2025. This earlier date would mean the petition filed on 05.07.2025 was submitted after the 10-day window, making it non-compliant with the Code.
Final Outcome
The NCLAT bench, comprising Justice Mohammad Faiz Alam Khan (Judicial Member) and Naresh Salecha (Technical Member), did not issue a final ruling. The tribunal acknowledged the factual dispute over the date of notice receipt and granted both parties an opportunity to file any supporting documents that were available before the Adjudicating Authority. The case was adjourned and listed for the next hearing on 06.11.2026. The existing interim order was directed to continue until the next date.
Topics: Insolvency Proceedings, NCLAT Appeal, IBC Section 8/9