# In the matter of P V Mohammed Equbal & Ors. vs. Tata Capital limited & Ors.

> NCLAT judgment dated 2026-04-09. Citation: TCN-2026-NCLAT-00116. The appeals challenge orders admitting the Appellants/Personal Guarantors into Insolvency…

- **Court:** NCLAT
- **Order date:** 9 Apr 2026
- **Citation:** TCN-2026-NCLAT-00116
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-chennai/p-v-mohammed-equbal-ors-vs-tata-capital-limited-ors-9a2fc76c

## Summary

### Background

The appeals challenge orders admitting the Appellants/Personal Guarantors into Insolvency Resolution Process. The Appellants sought condonation of a 15-day delay in filing the appeals.

## Facts

The Appellants filed Company Appeal (AT) (CH) (Ins) No. 17/2026 and Company Appeal (AT) (CH) (Ins) No. 18/2026 challenging the impugned orders.

The impugned order in Company Appeal (AT) (CH) (Ins) No. 17/2026 was dated 27.05.2025, passed in CP(IB)/48/KOB/2024 by NCLT, Kochi Bench.

The impugned order in Company Appeal (AT) (CH) (Ins) No. 18/2026 was rendered in CP(IB)/49/KOB/2024.

The Appellants filed Writ Petition (C) 25018/2025 and WP (C) 25071/2025 before the High Court of Kerala on 06.07.2025.

The High Court of Kerala disposed of the writ petitions on 05.11.2025, directing the Appellants to file appeals before the Appellate Tribunal.

The appeals were filed 174 days after the date of pronouncement of the impugned order.

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## Issues and analysis

### Issue 1: Whether the High Court could direct the …

**Ratio:** The High Court's authority to condone delay or direct its condonation ceases once it

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**Reasoning:** The Appellate Tribunal is created under Section 410 of the Companies Act and is kept out

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**Interpretation:** The High Court cannot issue directions that interfere with the jurisdiction and

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**Application:** The High Court's direction to exclude the period spent before it is

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## Parties

- **Judges:** Sharad Kumar…; Jatindranat…
- **Appellants:** P V Mohammed…; Ponnuvalappil…
- **Respondents:** Tata Capital…; C.A. Jasi…
- **Advocates:** Vinay Mathew…; Chandap…; +1 more

## Timeline

- **2025-05-27 — Impugned Ord…**: Date of the impugned order passed by NCLT, Kochi Bench in CP(IB)/48/KOB/2024 and…
- **2025-07-06 — Filing of Writ…**: Appellants filed Writ Petition (C) 25018/2025 and WP (C) 25071/2025 before the High Court…

## 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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