# Kuber Infrastructure Realities LLP vs. CNX Corporation Ltd.

> NCLAT judgment dated 2026-07-22. Citation: TCN-2026-NCLAT-00244. Kuber Infrastructure Realities LLP (Appellant) filed a Section 7 application under the…

- **Court:** NCLAT
- **Order date:** 22 Jul 2026
- **Citation:** TCN-2026-NCLAT-00244
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/kuber-infrastructure-realities-llp-vs-cnx-corporation-ltd-5w9wj

## Summary

### Background

Kuber Infrastructure Realities LLP (Appellant) filed a Section 7 application under the Insolvency and Bankruptcy Code, 2016, before NCLT Mumbai. This application was subsequently rejected by NCLT Mumbai under Rule 63 of NCLT Rules 2016, citing the Appellant's failure to clear defects issued on 26.10.2023 and an unsatisfactory explanation for a 321-day delay in filing a condonation application. The primary defect was related to the non-availability of the NESL certificate, which the NCLT treated as a mandatory requirement.

## Facts

Kuber Infrastructure Realities LLP (Appellant) filed a Company Petition (CP) under Section 7 of the Insolvency and Bankruptcy Code, 2016, before NCLT Mumbai.

The NCLT Mumbai rejected the CP under Rule 63 of NCLT Rules 2016 via an order dated 11.04.2025.

The NCLT order stated that the Advocate on record failed to clear defects issued in the subject matter on 26.10.2023.

An application under Rule 63, NCLT Rules 2016, was filed on 05th March 2025, seeking condonation of 321 days' delay.

The NCLT found no satisfactory explanation for the delay and deemed the petitioner's approach casual, leading to the rejection of the condonation application.

The Appellant claimed the defects were mainly related to the filing of the NESL certificate, which they argued was not mandatory.

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## Issues and analysis

### Issue 1: Whether the NCLT was justified in dismissing the Section 7 application due to the non-compliance …

**Ratio:** The NCLAT held that the NESL certificate is not a mandatory requirement for a Section 7

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**Reasoning:** The NCLAT reviewed the material on record and found merit in the Appellant's claim that

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**Interpretation:** The NCLAT interpreted the requirements for a Section 7 application, implying

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**Application:** The NCLAT applied this interpretation by setting aside the NCLT's order that

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## Parties

- **Judges:** Sharad Kumar…; Arun Ba…; +1 more
- **Appellants:** Kuber Infrastructu…
- **Respondents:** CNX Corporation…
- **Advocates:** Samanth…; Aakash Kh…; +5 more

## Timeline

- **2023-07-13 — Advocate on…**: The Advocate who filed the present application was on record since this date, as noted in…
- **2023-10-26 — Defects I…**: Defects were issued in the…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 7 — Initiation of corporate insolvency resolution…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-7)

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