Authority: National Company Law Tribunal, New Delhi Principal Bench
Order Date: 06.07.2026
Case Overview
This order pertains to an application (IA-2913/2026) filed by the Respondent, NKG Infrastructure Limited, in the main matter (IB-157(PB)/2026) under Section 9 of the Insolvency and Bankruptcy Code (IBC), 2016. The application was filed under Rule 11 read with Rule 153 of the NCLT Rules, 2016, seeking condonation of a 29-day delay in filing a reply affidavit to the petition filed by Durian Industries Limited. The respondent's counsel submitted that the delay occurred despite best efforts. The reasons cited included the complexity of reviewing documents related to a transaction from six years prior for an AIIMS Projects, specifically the AIIMS Deoghar project. A dedicated team that managed these transactions was no longer employed with the respondent, causing considerable delay in identifying relevant records. Further administrative hurdles included the office functioning at a lesser strength due to ongoing summer vacations and an advisory issued by the Government of NCT of Delhi three days after the tribunal's initial deadline, encouraging work from home due to a prevailing fuel situation.
Final Outcome
The bench, comprising Justice Anupinder Singh Grewal (President) and Shri Ravindra Chaturvedi (Member Technical), allowed the application. The tribunal condoned the 29-day delay in filing the reply affidavit, stating it was in the interest of justice. The respondent's counsel was directed to upload the reply in the DMS/e-portal during the course of the day. The application was allowed and disposed of.
Topics: NCLT Procedure, Delay Condonation, IBC