Authority: National Company Law Appellate Tribunal, Principal Bench, New Delhi
Order Date: 01.09.2026
Case Overview
This appeal, Company Appeal (AT) (Insolvency) No. 1168 of 2026, has been filed by Chandar Narayan Chavan (Appellant) against M. D. Devcon Pvt. Ltd. & Ors. (Respondents). The appeal challenges an impugned order dated 27.05.2021 passed by the National Company Law Tribunal (NCLT), Mumbai, which admitted Company Petition No. 3547 of 2019 under Section 7 of the Insolvency and Bankruptcy Code, 2016 against M. D. Devcon Pvt. Ltd. The appellant had previously filed an application for recall of this order, which was dismissed by both the NCLT and this Appellate Tribunal. Subsequently, a Civil Appeal No. 7968 of 2026 was filed before the Supreme Court, which was also dismissed vide order dated 26.05.2026. However, the Supreme Court granted liberty to the appellant to file this appeal within three weeks from that date, with a specific direction that the issue of limitation shall not be raised if filed within this period.
The appellant's counsel submitted that this appeal was filed within the time granted by the Supreme Court. The tribunal considered these submissions and issued notice of the appeal along with the application for stay to the respondents. The appellant was also permitted to amend the cause title to add the Resolution Professional as a respondent. The tribunal directed that if the Resolution Professional is added and served, they shall file a status report regarding the Corporate Insolvency Resolution Process (CIRP).
Final Outcome
The NCLAT admitted the appeal for hearing and scheduled the next listing for October 28, 2026. The practical consequence is that the insolvency proceedings against M. D. Devcon Pvt. Ltd. will continue to be subject to the outcome of this appeal, with the Resolution Professional now required to participate and provide status updates on the CIRP.
Topics: NCLAT Appeal, Insolvency Proceedings, Judicial Review