Authority: National Company Law Appellate Tribunal Chennai Bench (Justice N. Seshasayee, Member (Judicial) and Jatindranath Swain, Member (Technical))

Order Date: 27 October 2026

Case Overview

The appeal was filed by Nualco Private Limited (through its director John Eapen) challenging the NCLT order dated 03 December 2025 that allowed liquidation of Raine Industries and Engineering Private Limited. Nualco is an operational creditor of Raine Industries and intended to submit a resolution plan. The appellant faced two delays: a 17-day delay in filing the appeal and a 54-day delay in refiling the appeal after defect rectification.

The appellant contended that they acquired knowledge of the impugned order only on 10 January 2026 when contacting the suspended management, despite the order being uploaded on the NCLT portal on 04 December 2025. They attempted to e-file the appeal on 16 January 2026 but encountered technical glitches in the NCLAT portal from 16-19 January 2026, preventing timely filing. For the refiling delay, the appellant cited counsel's allergic reaction and respiratory distress as reasons.

The respondent (Committee of Creditors represented by HDFC Bank) opposed the condonation, arguing that the initial filing was incompetent and not compliant with statutory requirements, and that the technical glitch claim lacked evidence.

The Tribunal examined the timeline: limitation started on 04 December 2025, expired on 02 January 2026, with condonable period ending on 17 January 2026. The appeal was filed on 19 January 2026, resulting in 17 days delay. The Tribunal relied on its previous order in State Bank of India Vs. Manoj Kumar Koyalkar and confirmed with the registry that technical glitches indeed occurred during 16-19 January 2026.

Final Outcome

The NCLAT condoned both delays. The period from 16-19 January 2026 was excluded from the limitation period computation for the filing delay. The reasons for refiling delay (counsel's illness) were also accepted as sufficient cause. The appeal was admitted and listed for hearing on merits on 20 November 2026.

Topics: Insolvency Appeal, Limitation Condonation, NCLAT Procedure