Authority: National Company Law Tribunal Kolkata Bench
Order Date: 19th June 2026
Case Overview
The Securities and Exchange Board of India (SEBI) filed an appeal under Rule 63 against an order dated 23rd April 2026 issued by the Registrar of the NCLT Kolkata Bench. The impugned order had declined to register SEBI's petition/application/document under Rule 28(4) of the NCLT Rules, 2016. The Registrar's order stated that SEBI had failed to cure specified defects within the prescribed timeframes despite receiving notices. The defects identified were: (1) All respondents' names not mentioned in basic details as mentioned in the application, and (2) Application not served upon all respondents. SEBI, represented by advocates Mr. Syamantak Banerjee, Mr. P K Dutt, and Mr. S K Dutt, appealed this decision, arguing that the defects would be rectified if the filing portal was directed to be opened.
Final Outcome
The Hon'ble Member (Judicial), Smt. Bidisha Banerjee, allowed the appeal and quashed the impugned registrar's order dated 23rd April 2026. The tribunal directed the registry to permit the filing of the petition/application upon being satisfied that the defects had been rectified. The appeal was disposed of accordingly.
Topics: NCLT Procedure, SEBI Filing, Regulatory Compliance