NCLAT Condones Kamani Foods CoC 57-Day Filing Delay

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

Order Date: 16th September, 2026

Case Overview

This Interlocutory Application (No.6600/2026) arises from an un-numbered Company Appeal filed by the Committee of Creditors of Kamani Foods Pvt. Ltd. through its Authorised Representative, Prakash Agarwal, against Tehseen Fatima Khatri, the Resolution Professional of Kamani Foods Pvt. Ltd. The application specifically seeks an extension of time granted for curing defects in the appeal filing.

The factual background indicates that the Appellant e-filed the Memorandum of Appeal on 16th June 2026. The NCLAT office scrutinized the appeal and intimated the defects to the Appellant on 7th July 2026. The Appellant subsequently re-filed the appeal on 9th September 2026, which represented a delay of 57 days beyond the required 7-day refiling period from the date of defect intimation. The Appellant attributed this delay to the large number of defects that needed to be addressed.

The Registrar heard learned counsel for the Appellant and reviewed both the application and office report before making this procedural order.

Final Outcome

The Registrar noted the 57-day delay in refiling the Memorandum of Appeal and directed that the case be placed before the Hon'ble Bench under the heading 'for admission with defect (fresh case)' for appropriate orders. The application for condonation of delay remains pending before the bench for final determination.

Topics: NCLAT Procedure, Filing Defects, Insolvency Appeal