Authority: National Company Law Appellate Tribunal, Principal Bench, New Delhi

Order Date: 16 July 2026

Case Overview

This is a procedural order in Company Appeal (AT) (Ins) No. 1072 of 2026, with interconnected applications I.A. No. 4209, 4210, 4211, and 4212 of 2026. The appellant is Vaibhav Mercantile Ltd., and the sole respondent is S. Kaliyammal. The appeal appears to be against an order from the National Company Law Tribunal (NCLT), though the specific subject of the dispute is not detailed in this procedural update. The matter before the bench concerned a failure to comply with a prior directive.

The tribunal noted a report from its office stating that the appellant had not filed the required process fee, which was mandated by the NCLAT's previous order dated 24 June 2026. The appellant's counsel attributed this failure to an "inadvertent mistake" and requested a five-day extension to complete the filing.

During the hearing, Shri G. Vairava Subramanian, Advocate, appeared and informed the bench that he would be representing the sole respondent, S. Kaliyammal. He committed to filing the necessary Power of Attorney/Vakalatnama and a formal response to the appellant's application for condonation of delay in filing the appeal.

Final Outcome

The two-member bench, comprising Justice Mohammad Faiz Alam Khan (Member-Judicial) and Naresh Salecha (Member-Technical), issued the following directions:

1. Granted the appellant five days from July 16, 2026, to file the outstanding process fee and requisite documents.

2. Dispensed with the formal issuance of notice to the respondent since the respondent was now represented by counsel.

3. Granted the respondent two weeks from July 16, 2026, to file their reply/objections to the delay condonation application, with an advance copy to be provided to the appellant's counsel.

4. The appellant's counsel submitted that they would not file a rejoinder to the respondent's reply.

The appeal has been adjourned and is now listed for its next hearing on 05 August 2026.

Topics: NCLAT, Procedural Order, Insolvency Appeal