Authority: National Company Law Tribunal Chennai Single Bench (Court-7)
Order Date: 10 July 2026
Case Overview
The appeal was filed by Tamil Nadu Power Distribution Corporation Limited under Rule 63 of NCLT Rules, 2016 against the Registry's order dated 23 March 2026 which declined to register their application under Section 42 of IBC, 2016 (Diary No. 3305118005752026). The Registry had identified multiple defects in the original filing including: (1) requirement to file condone delay application separately with Rs. 1000 payment and proper calculation of delay days from the 15th day of claim rejection, (2) inclusion of all respondents in case details with proof of service, (3) filing of Form B (claim submitted) referenced in the liquidator's rejection letter, (4) correction of terminology from 'Company appeal' to 'Company petition' with proper petition numbering, and (5) compliance with Tamil Nadu stamp paper act requirements for affidavits using Rs. 200 NJSP and Rs. 100 stamp papers duly attested and notarized.
The Appellant had originally filed the application on the e-filing portal on 12 February 2026. The Registry issued a defect note on 17 February 2026, but this communication was sent to legal@pwilsonassociates.in and was missed by the Appellant. Only on 27 February 2026, when junior counsel inquired with the Registry, did the Appellant become aware of the defects. The Appellant subsequently complied with all defects mentioned in the notices dated 17 February 2026, 25 February 2026, and 13 March 2026, and re-filed the appeal on 3 March 2026 after curing all defects.
Final Outcome
The Hon'ble Shri Sanjiv Jain, Member (Judicial), allowed the appeal based on the submissions demonstrating that the Appellant had rectified all defects pointed out by the Registry. The order permits the registration of the application under Section 42 of IBC, 2016 that was previously declined by the Registry.
Topics: NCLT Proceedings, IBC Compliance