# In the matter of LBF Publications Private Limited Agarwal vs. A & A Business Consulting Private Limited

> NCLAT judgment dated 2025-10-13. Citation: TCN-2025-NCLAT-00514. LBF Publications Private Limited, an Operational Creditor, filed an appeal under Section 61…

- **Court:** NCLAT
- **Order date:** 13 Oct 2025
- **Citation:** TCN-2025-NCLAT-00514
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/lbf-publications-private-limited-agarwal-vs-a-a-business-consulting-private-limi-4b7ba01a

## Summary

### Background

LBF Publications Private Limited, an Operational Creditor, filed an appeal under Section 61 of the IBC challenging the order dated 10.08.2023 passed by the NCLT, Mumbai Bench, which dismissed their Section 9 application against A & A Business Consulting Private Limited, the Corporate Debtor.

## Facts

LBF Publications Private Limited filed an appeal against the order of NCLT, Mumbai Bench, which dismissed their Section 9 application.

The appeal was filed with a delay of 389 days in refiling.

The Appellant sought condonation of delay, citing 'unintentional delay and reasons beyond control'.

The Tribunal found the reason for the delay insufficient and noted the time-bound nature of IBC proceedings.

The date of e-filing of the Appeal was 9th September 2023.

Defects were notified by the Registry on 16th September 2023.

Date of refiling by the Appellant is 16th October 2024.

## Issues and analysis

### Issue 1: Whether the delay of 389 days in …

**Ratio:** The delay in refiling can be condoned only if the Tribunal is satisfied that there was

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**Reasoning:** The Tribunal found the reason provided by the Appellant, 'unintentional delay and reasons

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**Interpretation:** The IBC has a time-bound mechanism, and delays can only be condoned with

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**Application:** The Tribunal dismissed the application for condonation of delay, as the

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## Parties

- **Judges:** N. Sesha…; Arun Ba…
- **Appellants:** LBF Publications…
- **Respondents:** A & A Business…
- **Advocates:** Vinay Kuma…; Mohana S…; +3 more

## Timeline

- **2023-08-10 — Order by NCLT, Mumbai…**: NCLT, Mumbai Bench, passed an order dismissing the Section 9 application filed by LBF…
- **2023-09-09 — E-filing of…**: The date of e-filing of the…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 61 — Appeals and Appellate Authority](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-61)

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