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

Order Date: 14.08.2026

Case Overview

The National Company Law Appellate Tribunal (NCLAT) heard Comp. App. (AT) (Ins) No. 1258 of 2026 along with I.A. No. 4866 of 2026. The appeal was filed by VR India Security Services Pvt. Ltd. (Appellant) against Anju Agarwal and Others (Respondents). The immediate application (I.A. No. 4866 of 2026) sought condonation of a 13-day delay in preferring the main appeal. The Tribunal noted that Respondents 1 to 4 had been served but neither appeared nor filed objections regarding the delay condonation. The appellant's explanation for the delay, contained in paragraphs 1 to 5 of the application, was considered sufficient by the bench.

During the hearing for the main appeal, the appellant's counsel admitted that while an affidavit of service had been filed online, its hard copy was not on record. The Tribunal granted four days to bring the hard copy on record. The Registry's report confirmed that Respondents 1 to 4 had been duly served via speed post. Ms. Shipra, appearing for Respondent No. 1 via video conference, was granted two weeks to file a reply, with the appellant given one week thereafter to file a rejoinder.

The Tribunal inquired if the Authorized Representative (AR) of creditors in class (homebuyers/allottees) and the monitoring committee had been made parties. The appellant's counsel undertook to implead them as Respondent No. 5 and 6. The appellant was permitted to submit an amended memo of parties within three days. Subsequently, the Registry was directed to issue notices to Respondent No. 3 and the newly impleaded Respondents No. 5 and 6. The appellant's request for interim relief was denied at this stage, with the bench stating it could only be considered after providing a hearing opportunity to all respondents, especially those not yet arrayed as parties.

Final Outcome

The application for condonation of 13-day delay (I.A. No. 4866 of 2026) was allowed. The main appeal (Comp. App. (AT) (Ins) No. 1258 of 2026) was listed for next hearing on 07.09.2026 under the caption 'For Admission (After Notice)'. The appellant must complete procedural formalities (filing hard copy affidavit, amending memo of parties) within stipulated timelines, and the Registry will issue fresh notices to the newly added respondents.

Topics: Insolvency Appeal, Procedural Hearing