# Arihant Traders vs. Giesecke & Devrient India Pvt. Ltd.

> NCLAT judgment dated 6 Jan 2026. Citation: TCN-2026-NCLAT-00014. Arihant Traders (Appellant) filed a Section 9 application under the Insolvency and Bankruptcy…

- **Court:** NCLAT
- **Order date:** 6 Jan 2026
- **Citation:** TCN-2026-NCLAT-00014
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/arihant-traders-vs-giesecke-devrient-india-pvt-ltd-erfke

## Summary

### Background

Arihant Traders (Appellant) filed a Section 9 application under the Insolvency and Bankruptcy Code, 2016, against Giesecke & Devrient India Pvt. Ltd. (Corporate Debtor) after issuing a demand notice for work performed. The Adjudicating Authority dismissed this application on 20.05.2025, concluding that the demand notice had not been properly served on the Corporate Debtor, as it was returned with the endorsement 'addressee has left'. Arihant Traders subsequently filed an appeal (Company Appeal (AT) (Insolvency) No. 1474 of 2025) before the National Company Law Appellate Tribunal (NCLAT), challenging the Adjudicating Authority's dismissal. Concurrently, an application (I.A. No. 5723 of 2025) was filed seeking condonation for a 58-day delay in refiling the appeal,

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## Facts

Arihant Traders filed a Section 9 application (CP(IB) No.3392 of 2019) after issuing a demand notice dated 13.08.2019 for work done.

The demand notice was returned with the endorsement 'addressee has left', indicating non-service.

The Adjudicating Authority dismissed the Section 9 application on 20.05.2025 due to the non-service of the demand notice on the Corporate Debtor.

Arihant Traders filed Company Appeal (AT) (Insolvency) No. 1474 of 2025 challenging this dismissal.

An application, I.A. No. 5723 of 2025, was filed for condonation of a 58-day delay in refiling the appeal, citing defects and the need for an affidavit.

The Respondent opposed the condonation application, alleging a casual approach by the Appellant.

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## Issues and analysis

### Issue 1: Whether the 58-day delay in refiling the appeal by the Appellant, Arihant Traders, should be …

**Ratio:** Delay in refiling an appeal can be condoned by the appellate authority if the appellant

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**Reasoning:** The NCLAT considered the Appellant's submission that the delay of 58 days in refiling the

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**Interpretation:** The NCLAT adopted a pragmatic interpretation of 'sufficient cause',

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**Application:** Based on the Appellant's explanation for the procedural delays, the NCLAT

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## Parties

- **Judges:** Ashok Bh…; Barun M…
- **Appellants:** Arihant T…
- **Respondents:** Giesecke &…
- **Other parties:** Insolvency and…; Corporate…; +7 more
- **Advocates:** Akash K…; Prashant…; +3 more

## Timeline

- **2019-08-13 — Demand Notice…**: Arihant Traders issued a demand notice to Giesecke & Devrient India Pvt. Ltd. for work…
- **2019-XX-XX — Section 9 Application…**: Arihant Traders filed CP(IB) No.3392 of 2019, a Section 9 application, after issuing the…

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