# Angelwoods Apartment Allottees Association vs. M Lalitha and another

> SC judgment dated 2026-05-12. Citation: TCN-2026-SC-00039. M Lalitha, the 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-00039
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/supreme-court-of-india/angelwoods-apartment-allottees-association-vs-m-lalitha-and-another-wqf6h

## Summary

### Background

M Lalitha, the 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 submitted by Angelwoods Apartment Allottees Association. Her appeal to the NCLAT was e-filed on 28.09.2024 with a 15-day delay and subsequently refiled on 10.03.2025 with a 150-day delay after defects were communicated. The NCLAT, via an order dated 10.11.2025, condoned both delays, which is now the subject of challenge before the Supreme Court.

## Facts

Angelwoods Apartment Allottees Association is the appellant in Civil Appeal Nos. 14439-14440 of 2025.

M Lalitha is respondent No. 1 and the mother of a suspended director of the corporate debtor, Samson and Sons Builders and Developers Pvt. Ltd.

M Lalitha also claims to be a financial creditor of Samson and Sons Builders and Developers Pvt. Ltd.

The National Company Law Tribunal (NCLT), Kochi Bench, approved a resolution plan submitted by Angelwoods Apartment Allottees Association on 14.08.2024.

M Lalitha challenged the NCLT's order dated 14.08.2024 before the National Company Law Appellate Tribunal (NCLAT), Chennai, in Company Appeal (AT)(CH)(Ins) No. 252 of 2025.

M Lalitha's appeal was e-filed on 28.09.2024, with a 15-day delay in presentation.

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## Issues and analysis

### Issue 1: Whether the NCLAT was justified in condoning the delays in filing and refiling the appeal by M …

**Ratio:** The NCLAT erred in condoning the delays in filing and refiling an appeal without first

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**Reasoning:** The Supreme Court found that the NCLAT 'totally lost sight of these vital aspects' and

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**Interpretation:** The NCLAT's power to condone delay is not absolute and must be exercised within

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**Application:** The NCLAT's order dated 10.11.2025, which condoned the delays in IA Nos. 1164

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## Parties

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

## Timeline

- **2024-08-14 — NCLT Ord…**: NCLT, Kochi Bench, approved the resolution plan submitted by Angelwoods Apartment…
- **2024-09-13 — Limitation Peri…**: The 30-day limitation period…

## 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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