Authority: National Company Law Appellate Tribunal, Principal Bench, New Delhi
Order Date: 21 July 2026
Case Overview
This order addresses an interlocutory application (I.A. No. 7638 of 2024) filed within two connected appeals: Comp. App. (AT) (Ins) No. 197 of 2025 and Comp. App. (AT) (Ins) No. 2035 of 2024. The appellants, Nisha Chandwani and Mahesh Chandwani, sought condonation of a delay in filing their appeal. The respondents include Planet Builders and Arun Kapoor, among others. The application requested to condone a 14-day delay, though counsel clarified the actual delay was only 12 days. The appellant attributed the delay to initially receiving ill-advice, which led them to file a recall application before the Learned Adjudicating Authority (NCLT) first. After obtaining correct advice, they filed the present appeal. The Resolution Professional in the main case had informed the Committee of Creditors (CoC) about the pendency of these proceedings. Despite an opportunity, no respondent filed a reply or objection to the delay condonation application.
Final Outcome
The NCLAT bench, comprising Justice Mohammad Faiz Alam Khan (Member-Judicial) and Naresh Salecha (Member-Technical), allowed the application. They found the 12-day delay sufficiently explained and within the tribunal's condonable jurisdiction (15 days beyond the standard 30-day appeal period). The delay was condoned, and both appeals were listed for hearing on July 27, 2026, to be placed among the first five cases on the cause list.
Topics: Insolvency Appeal, Legal Procedure