Authority: Supreme Court of India (Civil Appellate Jurisdiction)
Order Date: 28 July 2026
Case Overview
- Appellant: Walchandnagar Industries Limited; Respondent: SwaraJ India Agro Ltd.
- The appeal challenges the National Company Law Tribunal (NCLT) judgment dated 29 May 2025 and the subsequent National Company Law Appellate Tribunal (NCLAT) order dated 11 May 2026 which dismissed the interlocutory application for condonation of delay in refiling the appeal.
- The NCLAT dismissed the appeal on the ground that the appeal was filed on 28 June 2025, beyond the limitation period, and rejected the condonation request.
- Counsel for the appellant, Ms. Madhavi Diwan, highlighted five separate defect notifications issued by the Registry on 21 July 2025, 01 August 2025, 29 November 2025, 22 December 2025 and 29 January 2026, and corresponding cure attempts on 28 July 2025, 25 November 2025, 08 December 2025, 28 January 2026 and 02 February 2026.
- The Court observed that the defects were notified on multiple occasions and cured successively, warranting a liberal approach, subject to payment of costs.
- The Court rejected the respondent’s reliance on the precedent CA Ramchandra Dallaram Choudhary vs. Adani Infrastructure and Developers Private Limited as inapplicable to the present facts.
Final Outcome
- The Supreme Court allowed Civil Appeal No. 8807/2026, set aside the NCLAT order dated 11 May 2026, and restored the company appeal to its original number.
- The appellant, Walchandnagar Industries Ltd., was directed to pay Rs 2,00,000 (Rupees Two Lakhs) to the respondent as costs.
- All pending applications, if any, were ordered to stand disposed of.
Topics: Court Order, Company Law, Costs