Delay Condonable When Composite Appeal Was Filed Within Limitation But Refiled Separately After Registry's Objection: NCLAT

The National Company Law Appellate Tribunal (NCLAT), New Delhi, comprising Justice Ashok Bhushan (Chairperson) and Barun Mitra (Member-Technical), has allowed an appeal where a composite appeal was filed within limitation, but defects were raised by the registry necessitating re-filing as separate appeals, which was beyond the period of 45 days. Initially the appellant filed a single composite appeal challenging two different orders passed by the NCLT within the limitation period of 30 days. However, the registry raised the defect objecting to filing the appeal challenging two orders in I.A.'s. Therefore, the appellant withdrew the previous appeal and filed separate appeals accordingly. The appellant also filed the affidavit seeking condonation of delay, submitting that the appeal against the impugned order was filed within the limitation. Appellant pleaded that the limitation period should be reckoned from the date of the original appeal and not the date of refiling. Per contra, the respondent argued that the tribunal can only condone the delay of 15 days after the 30-day prescribed period. However, in the present case, the appellant has filed the second appeal beyond the 45 days; thus, the delay could not be condoned. The NCLAT observed that the previous appeal was filed within the limitation period of 30 days. And it was only after the due objection by the registry that the present separate appeals were filed. Therefore, it cannot be said that the appellant had not filed the appeal within the limitation. Case Name: Anup Kumar Singh v. Annapoorani Textiles Pvt. Ltd. Case No.: Comp. App. (AT) (Ins) No. 911 of 2024 For Appellant: Mr. Krishnendu Datta, Sr. Advocate, with Mr. Gaurav H. Sethi, Mr. Rahul Pawar, and Mr. Rahul Kapoor, Advocates. For Respondent: Mr. Piyush Swami, Adv. Rony O John, Mr. Deep Roy, Adv. Bhavit Baxi, and Adv. Rishi B., Advocates for R2. Mr. Gokula Krishnan, Advocate. Coram: Justice Ashok Bhushan (Chairperson) and Barun Mitra (Member-Technical) Order Date: 30.10.2025 Click Here To Read/Download The Order

Delay Condonable When Composite Appeal Was Filed Within Limitation But Refiled Separately After Registry's Objection: NCLAT

Mohd.Rehan Ali

Tags