Authority: National Company Law Tribunal (NCLT), Chennai Single Bench (Court-7)
Order Date: 10 July 2026
Case Overview
This appeal was filed by ALPA Azienda Lavorazione Prodotti Ausiliari SpA under Rule 63 of the NCLT Rules, 2016. The appeal challenged an order dated 11 June 2026, issued by the NCLT Registry, which declined to register the appellant's petition filed under Section 9 of the Insolvency and Bankruptcy Code (IBC), 2016. The petition was originally e-filed on 25 May 2026 (Diary No. 3305118018352026). The Registry had raised a defect note on 26 May 2026, citing four specific procedural non-compliances: 1) Payment was made in offline mode instead of through the portal, and a copy of the Bharathkosh payment receipt was not attached on the e-filing portal; 2) Required stamps were not affixed on the Vakalatnama (₹120 for welfare, ₹20 for clerk, ₹10 for court fee); 3) A board resolution authorizing the person to file the petition was not filed; 4) Proof of service of the petition copy to the corporate debtor and the Insolvency and Bankruptcy Board of India (IBBI) was not attached. The appellant contended that the payment window on the e-filing portal had crashed at the time of filing, necessitating an offline payment, and that this issue subsequently prevented the timely rectification of all defects.
Final Outcome
The Hon'ble Shri. Sanjiv Jain, Member (Judicial), allowed the appeal. The tribunal considered the appellant's submissions and granted a period of one week to rectify all the defects pointed out by the Registry. The order effectively overturns the Registry's refusal to register, allowing the appellant another opportunity to comply with the procedural requirements for its Section 9 IBC petition.
Topics: NCLT Procedure, IBC Petition, Defect Rectification