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

Order Date: 25.08.2026

Case Overview

The National Company Law Appellate Tribunal (NCLAT) heard an application (I.A. No. 4717 of 2026) filed by the appellant, Lakshmirattan Cotton, seeking condonation of a 44-day delay in filing its appeal (CA (AT) No. 257 of 2026). The appeal is against an order dated 26.03.2026, with Vivek Gupta & Anr. as respondents. The appellant's counsel, Mr. Iswar Mohapatra, argued that the delay occurred due to the death of his cousin brother, Shri Debasish Mohapatra, on 19.05.2026. The counsel had to travel to his native place in Odisha for the last rites and to console the family, particularly the deceased's 80-year-old widow mother, as there were no other family members. Supporting documents included an MRI report dated 12.03.2026 showing the cousin's serious ailment and a recommendation letter from the Deputy Secretary to the Minister of Housing and Urban Development, Government of Odisha, dated 20.04.2026, for his admission to AIIMS Bhubaneswar. The counsel contended that the client should not be penalized for these circumstances. The respondents' counsel, Mr. Vishwanathan Iyer, opposed the application, arguing that the grounds were not substantiated, noting the MRI report predated the impugned order, and highlighting contradictions in the appellant's submissions.

Final Outcome

The NCLAT bench, comprising Justice Mohammad Faiz Alam Khan (Member-Judicial) and Naresh Salecha (Member-Technical), allowed the delay condonation application. The tribunal found the documentary evidence and submissions prima facie established the counsel's bereavement and consequent absence, satisfactorily explaining the 44-day delay. The delay was condoned, and the appeal was admitted for consideration. The respondents were granted two weeks to file a reply, with an advance copy to the appellant's counsel, who may file a rejoinder within one week thereafter. The matter is listed for admission (after notice) on 24.09.2026.

Topics: NCLAT, Delay Condonation, Corporate Appeal