Authority: National Company Law Tribunal Kolkata Bench
Order Date: 12th June 2026
Case Overview
This matter concerns an appeal (APPEAL/52(KB)2026) filed by Fairmate Chemicals Private Limited against an Impugned Order dated 13th March 2026 issued by the Learned Registrar of the NCLT. The Registrar's order had declined to register a petition filed by the company under Rule 28(4) of the NCLT Rules, 2016. The refusal was based on the company's failure to cure multiple technical and procedural defects in its filing, which were originally pointed out in a notice dated 15th January 2024. The specific defects included the failure to upload a synopsis and list of dates, an undated Form 5, a poorly scanned and unreadable Part IV of Form, and numerous pages (34, 35, 37, 106, 109, 213, 222, 236, 244, 257, 264, 271, 283, 292, 303, 315, 328, 331, 336, 339, 341, 344, 347, 349, 351) that were uploaded horizontally instead of vertically. The registry also noted that pages 1 to 10 were missing and required the filing of an affidavit under Rule 9(3)(b).
Final Outcome
The Hon'ble Member (Judicial), Smt. Bidisha Banerjee, allowed the appeal. The Learned Counsel for the appellant, Ms. Debaleena Ganguly, submitted that her client was ready and willing to rectify all the pointed-out defects within a period of seven days. The tribunal quashed the Impugned Order dated 13th March 2026. It directed that once the defects are rectified to the satisfaction of the registry, the registry must open the portal and allow the filing and registration of the petition. The appeal was disposed of accordingly.
Topics: NCLT Procedure, Corporate Litigation, Filing Defects