# In the matter of VR Ashok Rao Vs. TDT Copper Ltd. IA 2095 of 2022 in Company Appeal (AT) (Insolvency) No. 780 of 2022

> NCLAT judgment dated 2022-08-30. Citation: TCN-2022-NCLAT-00255. A larger bench was constituted to answer two questions regarding the refiling delay of…

- **Court:** NCLAT
- **Order date:** 30 Aug 2022
- **Citation:** TCN-2022-NCLAT-00255
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/vr-ashok-rao-vs-tdt-copper-ltd-ia-2095-of-2022-in-company-appeal-f4be7180

## Summary

### Background

A larger bench was constituted to answer two questions regarding the refiling delay of appeals. The appeals in question are Company Appeal (AT) (Insolvency) No. 780 of 2022, Company Appeal (AT) (Insolvency) No. 823 of 2022, Company Appeal (AT) (Insolvency) No. 913 of 2022 and Company Appeal (AT) (Insolvency) No. 914 of 2022. The issue arose because a three-member bench doubted the correctness of earlier judgments regarding the treatment of appeals refiled after a delay in curing defects.

## Facts

Several company appeals were filed with defects. The registry notified the appellants of these defects, and the appellants refiled the appeals after some delay. The Registrar placed the matter before the court, questioning whether the delay in refiling should be condoned. A three-member bench doubted the correctness of earlier judgments of the tribunal, which held that if defects in an appeal are cured after 7 days, the appeal should be treated as a fresh appeal. The bench referred the matter to a larger bench to decide the following questions: Whether the law laid down by this Tribunal in “Mr. Jitendra Virmani Vs. MRO-TEK Realty Ltd. & Ors” and three Member Bench Judgement in “Arul Muthu Kumaara Samy Vs. Registrar of Companies" that when the defect in appeal

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## Issues and analysis

### Issue 1: Whether the law laid down by this Tribunal in “Mr. Jitendra Virmani Vs. MRO-TEK Realty Ltd. & …

**Ratio:** The re-presentation of appeal after expiry of a period of 7 days or after extended period

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**Reasoning:** The court reasoned that Rule 26 of the NCLAT Rules, 2016, empowers the Registrar to allow

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**Interpretation:** The court interpreted Rule 26 of the NCLAT Rules, 2016, and considered the

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**Application:** The court applied the ratio to the facts of the case and concluded that the

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## Parties

- **Judges:** Ashok Bh…; Rakesh…; +3 more
- **Appellants:** V.R. Ashok Rao &…
- **Respondents:** TDT COPPE…

## Timeline

- **2022-08-12 — Reference to Larger…**: A three-member bench of the Tribunal referred two questions regarding refiling delay to a…
- **2022-08-30 — Order Da…**: The order was issued by…

## 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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