# In the matter of IDBI Trusteeship Services Limited vs. Manish Jain & Ors.

> HC judgment dated 2026-03-23. Citation: TCN-2026-HC-00010. The case involves an application (I.A. 7470/2026) filed by defendant no. 2 seeking condonation of a…

- **Court:** HC
- **Order date:** 23 Mar 2026
- **Citation:** TCN-2026-HC-00010
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/high-courts-new-delhi/idbi-trusteeship-services-limited-vs-manish-jain-ors-1dea17d7

## Summary

### Background

The case involves an application (I.A. 7470/2026) filed by defendant no. 2 seeking condonation of a 14-day delay in filing O.A. 59/2026. Additionally, O.A. 59/2026 is an appeal filed by defendant no. 2 seeking to set aside an order dated 27th January, 2026.

## Facts

Defendant no. 2 sought condonation of a 14-day delay in filing O.A. 59/2026.

The plaintiff filed a company petition under Section 95 of the IBC against defendant no. 2.

An Interim Resolution Professional was appointed for defendant no. 2 on February 20th, 2025.

Defendant no. 2 filed an application for rejection of the plaint under Order VII Rule 11 CPC.

The statutory period of 120 days for filing the written statement by defendant no. 2 expired on December 3rd, 2025.

The application for rejection of the plaint was filed on December 14th, 2025, after the expiry of the statutory period for filing the written statement.

The court noted that an interim moratorium under Section 96 of the IBC came into effect automatically upon admission.

## Issues and analysis

### Issue 1: Whether the filing of an application for rejection of plaint under Order VII Rule 11 CPC after the …

**Ratio:** Filing an application for rejection of plaint after the statutory period for filing

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**Reasoning:** The court relied on the judgment of the Supreme Court in R.K. Roja Versus U.S. Rayudu and

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**Interpretation:** The court interpreted the Supreme Court's judgment to mean that the right to

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**Application:** The court applied this principle to the present case, noting that the

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## Parties

- **Judges:** MINI PUSH…
- **Appellants:** IDBI Trusteeship…
- **Respondents:** MANISH…
- **Advocates:** Pranjit Bhattachar…; Salonee S…; +6 more

## Timeline

- **2026-03-23 — Date of De…**: The date on which the…
- **2025-12-03 — Expiry of Statutory…**: Outer limit of statutory period for filing the…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 95 — Application by creditor to initiate insolvency…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-95)

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