Case Note & Summary
The appeal was filed by Apollo Green Energy Ltd. against Power2SME Pvt. Ltd. challenging an order from the National Company Law Tribunal (NCLT) dated 27.05.2026, which closed the opportunity for the appellant to file a reply. The appellant contended that they were given only one opportunity of seven days to file the reply and faced a technical issue with the NCLT's e-filing system on 26.05.2026, which prevented timely submission. The appellant communicated this issue to the NCLT Registrar on the same day. The respondent argued for the prompt disposal of the petition, suggesting that the written submissions filed could be considered as the reply. The Tribunal found merit in the appellant's claims regarding the technical difficulties and permitted the appellant to file the reply by 15.07.2026, while also requesting the NCLT to expedite the petition's disposal. The appeal was disposed of accordingly, with the assurance from the appellant not to seek adjournments in future hearings.
Headnote
A) Insolvency Law - Condonation of Delay - Justification for Delay - Insolvency and Bankruptcy Code, 2016 - The appellant's delay in filing the reply was due to a technical glitch at the NCLT's e-filing portal, which was communicated to the Registrar. The Tribunal allowed the appellant to file the reply, emphasizing the need for procedural fairness and the importance of allowing parties to present their case (Paras 1-11).
Issue of Consideration
Whether the appellant was justified in the delay of filing the reply due to technical issues with the e-filing portal.
Final Decision
The Tribunal allowed the appellant to file the reply by 15.07.2026 and requested the NCLT to expedite the disposal of the petition.
Law Points
- Condonation of delay
- e-filing issues
- opportunity to file reply
- procedural fairness
