Authority: National Company Law Appellate Tribunal Principal Bench, New Delhi
Order Date: 30 September 2026
Case Overview
The National Company Law Appellate Tribunal (NCLAT) is hearing Company Appeal (AT) No. 242 of 2026 filed by Ramesh Chandra Sabat & Others (Appellants) against Hotel Moti Pvt Ltd & Others (Respondents). The core legal issue under consideration pertains to the interplay and effect of Order 22 Rule 3, Rule 4, and Rule 9 of the Code of Civil Procedure (CPC) within the context of this company appeal. Notices were issued to the respondents on 01 July 2026. The respondents entered appearance through their counsel on 17 August 2026 but have not yet filed their counter affidavit.
Final Outcome
The Tribunal has granted the respondents a final opportunity of two weeks to file their counter affidavit. The appeal has been listed next for 'orders' on 27 October 2026. The order explicitly states that if the respondents fail to file the counter affidavit within the granted time, the Tribunal will be constrained to consider the appeal on its own merits, potentially proceeding ex-parte.
Topics: NCLAT Proceeding, Civil Procedure Code, Corporate Litigation