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

Order Date: 30 October 2026

Case Overview

The National Company Law Appellate Tribunal (NCLAT) heard an amendment application (IA No. 5534 of 2026) filed by Om Prabhu Ashish Co-Operative Housing Society Limited in Appeal No. Comp. App. (AT) (Ins) No. 1321 of 2026. The appellant sought to amend its memorandum of appeal to clarify that it was challenging both the National Company Law Tribunal (NCLT), Mumbai Bench II's order dated 23 April 2026 and its correction order dated 16 June 2026 as a single composite order.

The dispute originates from a Development Agreement dated 12 December 2014 between the appellant society and corporate debtor Shamik Enterprises Private Limited. The society terminated this agreement on 18 February 2021, which was accepted by the corporate debtor on 19 November 2021. However, Vivaa Tradecom Limited (Successful Resolution Applicant in the corporate insolvency resolution process of Shamik Enterprises) filed applications before NCLT seeking to protect its development rights under the resolution plan.

On 23 April 2026, NCLT passed an order in IA 1923/2023 that contained the phrase "Interim order already made obsolete" regarding restraints against the society. On 16 June 2026, NCLT passed a correction order substituting "obsolete" with "absolute," making the interim restraint against the appellant society absolute and unconditional.

The appellant argued that the two orders must be read together under the doctrine of merger, where a rectification by the same authority becomes incorporated into the original order. The respondent (Vivaa Tradecom) opposed the amendment, arguing it was time-barred since the appeal against the 23 April 2026 order would be beyond the 30-day limitation period.

Final Outcome

NCLAT allowed the amendment application, holding that the order dated 23 April 2026 had merged with the correction order dated 16 June 2026 under the doctrine of merger. The tribunal found the amendment consequential and not barred by limitation since both orders were already challenged in the appeal. The amended memorandum of appeal was taken on record, and the matter was listed for further hearing on 20 November 2026.

Topics: NCLAT Procedure, Doctrine of Merger, Development Rights