# Sachin Ghayal Sugar Pvt. Ltd. vs. Buldana Urban Co-operative Credit Society Ltd.

> NCLAT judgment dated 13 Apr 2026. Citation: TCN-2026-NCLAT-00032. Sachin Ghayal Sugar Pvt. Ltd. (the Appellant) filed two appeals (Company Appeal (AT)…

- **Court:** NCLAT
- **Order date:** 13 Apr 2026
- **Citation:** TCN-2026-NCLAT-00032
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/sachin-ghayal-sugar-pvt-ltd-vs-buldana-urban-co-operative-credit-society-ltd-zzspb

## Summary

### Background

Sachin Ghayal Sugar Pvt. Ltd. (the Appellant) filed two appeals (Company Appeal (AT) (Insolvency) No. 1611 of 2025 and 1612 of 2025) before the National Company Law Appellate Tribunal (NCLAT), challenging two orders passed by the National Company Law Tribunal (NCLT), Court – V, Mumbai Bench. The first appeal contested an NCLT order dated 26.09.2025, which dismissed I.A. No. 4500/2025. This I.A. had sought to recall an earlier NCLT order dated 12.08.2025 and to place the corporate debtor's reply on record. The second appeal challenged an NCLT order dated 25.09.2025, which granted liberty for filing written submissions and fixed the next hearing for 16.10.2025.

## Facts

Sachin Ghayal Sugar Pvt. Ltd. filed two appeals, Company Appeal (AT) (Insolvency) No. 1611 of 2025 and 1612 of 2025, before the NCLAT.

These appeals challenged two orders passed by the National Company Law Tribunal, Court – V, Mumbai Bench.

Comp. App. (AT) (Ins.) No. 1611/2025 was filed against an NCLT order dated 26.09.2025 passed in I.A. No. 4500/2025.

I.A. No. 4500/2025 was filed by the appellant to recall an NCLT order dated 12.08.2025 and to take the corporate debtor's reply on record, but it was dismissed by the NCLT.

Comp. App. (AT) (Ins.) No. 1612/2025 was filed against an NCLT order dated 25.09.2025, which granted liberty for filing written submissions and fixed the next date to 16.10.2025.

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## Issues and analysis

### Issue 1: Whether the adjudicating authority erred in rejecting the appellant's prayer to recall an earlier …

**Ratio:** An appellate tribunal has the power to direct a lower adjudicating authority to admit

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**Reasoning:** The NCLAT noted that the respondent, who was the original applicant under Section 7, had

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**Interpretation:** The NCLAT interpreted its role as an appellate body to not only correct errors

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**Application:** The NCLAT disposed of the appeal by directing the adjudicating authority to

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## Parties

- **Judges:** Ashok Bh…; Indevar P…
- **Appellants:** Sachin Ghayal…
- **Respondents:** Buldana Urban…
- **Other parties:** Insolvency and…; Company Appeal…; +8 more

## Timeline

- **2025-08-12 — NCLT Order…**: An order was passed by the Adjudicating Authority (NCLT) that the appellant later sought…
- **2025-09-25 — NCLT Order in Comp. App. (AT) (Ins.) No.…**: The Adjudicating Authority granted liberty to parties to file written submissions and…

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