‘Unintentional Delay’ Not a Valid Reason for Late Refiling Under IBC: NCLAT Delhi

LBF Publications Private Limited Agarwal Vs A & A Business Consulting Private Limited (NCLAT Delhi) Appeal Background The Appellant filed the appeal under Section 61 of the Insolvency and Bankruptcy Code (IBC), challenging an Order dated 10.08.2023 passed by the National Company Law Tribunal (NCLT), Mumbai Bench in CP (IB) No. 341/MB-IV/2022. The NCLT had dismissed the Section 9 Application filed by the Appellant against the Corporate Debtor. The Appellant contended that the NCLT dismissed the Company Petition without considering the correct date of default dated 16.07.2021, which the Appe...