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 Appellant had clearly stated in the Rejoinder. Both sides were heard after the completion of pleadings, and the materials on record were perused.
Issue of Delay in Refiling
Before proceeding on the merits of the appeal, the NCLAT found that the records showed an undue delay of about 390 days in the refiling of the Appeal.
- An application, IA No. 7255 of 2024, was filed by the Appellant for condonation of delay in refiling the appeal.
- The date of e-filing of the Appeal was 9th September 2023.
- Defects were notified by the Registry on 16th September 2023.
- The date of refiling by the Appellant was 16th October 2024.
- Therefore, there was a delay in re-representation of the Appeal by 389 days.
NCLAT Rules and Requirements for Rectification
