# Angelwoods Apartment Allottees Association vs. M Lalitha and another

> SC judgment dated 2026-05-12. Citation: TCN-2026-SC-00044. M Lalitha, mother of a suspended director and a claimed financial creditor of Samson and Sons…

- **Court:** SC
- **Order date:** 12 May 2026
- **Citation:** TCN-2026-SC-00044
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/supreme-court-of-india/angelwoods-apartment-allottees-association-vs-m-lalitha-and-another-c2bex

## Summary

### Background

M Lalitha, mother of a suspended director and a claimed financial creditor of Samson and Sons Builders and Developers Pvt. Ltd., challenged an NCLT order dated 14.08.2024 that approved a resolution plan by Angelwoods Apartment Allottees Association. Her appeal to the NCLAT was filed with a 15-day delay and refiled with a 150-day delay after defects were communicated.

## Facts

M Lalitha (Respondent No. 1) e-filed Company Appeal (AT)(CH)(Ins) No. 252 of 2025 on 28.09.2024 before NCLAT, Chennai.

The appeal challenged an NCLT, Kochi Bench order dated 14.08.2024, which approved a resolution plan submitted by Angelwoods Apartment Allottees Association (Appellant).

M Lalitha, mother of a suspended director of the corporate debtor (Samson and Sons Builders and Developers Pvt. Ltd.), also claimed to be its financial creditor.

M Lalitha's appeal was filed with a delay of 15 days, for which IA No. 1164 of 2025 was filed seeking condonation.

On 04.10.2024, the NCLAT Registry communicated defects in the said appeal.

M Lalitha refiled the appeal on 10.03.2025, with a delay of 150 days in refiling, for which IA No. 1165 of 2025 was filed seeking condonation.

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## Issues and analysis

### Issue 1: Whether the NCLAT erred in condoning the delay in filing and refiling an appeal that was incurably …

**Ratio:** An appeal filed without a certified copy of the impugned order, and without due diligence

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**Reasoning:** The NCLAT condoned delays without ascertaining if the appeal was instituted in accordance

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**Interpretation:** Rule 22(2) of the NCLAT Rules mandates that every appeal must be accompanied by

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**Application:** M Lalitha's appeal was filed and refiled without a certified copy of the NCLT

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## Parties

- **Judges:** SANJAY KU…; K. VINOD CHANDRAN,…
- **Appellants:** Angelwoods…
- **Respondents:** Samson and Sons…; M Lal…
- **Other parties:** suspended…

## Timeline

- **2024-08-14 — NCLT Order Approving…**: The National Company Law Tribunal, Kochi Bench (NCLT) approved the resolution plan…
- **2024-09-13 — Expiry of 30-day…**: The initial 30-day period for filing an…

## 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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