Case Details

Case Name: Innovative Facility Solutions Pvt. Ltd. vs. Affordable Infrastructure & Housing Projects Pvt. Ltd.

Court/Authority: National Company Law Appellate Tribunal (NCLAT), Principal Bench, New Delhi

Case Number: Interlocutory Application No.3647/2026 in Un-numbered Company Appeal (AT) (Ins.) No.\\\_/2026 (F.No.27.03.2026/NCLAT/UR/03032)

Date of Order: 21st May, 2026 (Hybrid Mode)

Parties Involved

Appellant: Innovative Facility Solutions Pvt. Ltd.

Respondent: Affordable Infrastructure & Housing Projects Pvt. Ltd.

Representation: Shankari Mishra, Advocate for the Appellant.

Issues / Allegations / Violations

This is a procedural application concerning the timeliness of filing an appeal. The Appellant e-filed the Memorandum of Appeal on 20th March 2026. The NCLAT registry scrutinized the appeal and intimated defects to the Appellant on 27th March 2026. The Appellant was required to re-file the corrected appeal within seven days from this intimation.

Findings & Observations

The Tribunal noted that the Appellant re-filed the Memorandum of Appeal on 13th May 2026, resulting in a delay of 40 days from the stipulated deadline. The reasons cited for the delay in the Interlocutory Application were:

  • The appeal involved voluminous records and annexures, including invoices, ledger statements, agreements, GST records, correspondence, arbitral pleadings, and other supporting documents.
  • This voluminous documentation required substantial time for compilation, pagination, verification, and curing of office objections.
  • The Authorized Representative of the Appellant fell seriously ill, was diagnosed with jaundice, and was admitted to the hospital.
  • After the appeal was re-filed, the registry again notified objections, and curing these took additional time.

Final Ruling & Enforcement

After hearing the learned counsel for the Appellant and perusing the averments in the application and the office report, the Registrar ordered:

  • The delay of 40 days in re-filing the Memorandum of Appeal is condoned.
  • The case is to be listed before the Hon'ble Bench under the heading 'for admission with defect (fresh case)' for appropriate orders on the substantive appeal.