Authority: National Company Law Appellate Tribunal, Chennai (Justice N. Seshasayee, Member (Judicial) and Jatindranath Swain, Member (Technical))
Order Date: 10 August 2026
Case Overview
This Interlocutory Application (IA No. 153/2026) was filed within Company Appeal (AT) (CH) (Ins) No. 60/2026. The appellants, Inder Agarwal & Anr. (homebuyers), challenged an order from the Adjudicating Authority (NCLT) that had rejected part of their claim submitted to the liquidator of JBM Homes Pvt Ltd. While the main appeal was filed on time, there was a delay of 211 days in refiling the appeal, necessitating this application for condonation of delay. The appellants attributed the delay to their legal papers being misplaced in another counsel's office, stating it took considerable time and effort to retrieve them. The respondent, represented by the liquidator of JBM Homes Pvt Ltd, strongly opposed the condonation of this significant delay.
Final Outcome
The NCLAT bench, after carefully weighing the rival contentions and noting that the eventual parties affected are the homebuyers, deemed it appropriate to allow the delay condonation petition. The condonation was granted on the condition that the appellants pay a cost of Rs. 15,000 (Fifteen Thousand Only) to the liquidator by 14 August 2026. The matter is now listed for admission of the main appeal on 24 August 2026.
Topics: Insolvency Proceeding, Legal Delay, Homebuyer Claims