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Judgment
(Hybrid Mode)
I.A. No. 690 of 2026: This is an application praying for condonation of delay of 15 days in filing of the appeal.
It has been mentioned in the application that the certified copy of the order dated 28.11.2025 was received on 20.12.2025. It is submitted that the Appellant was under wrong impression that 30 days period shall commence from the date copy of order is received. It is further stated that the Applicant was undergoing treatment for respiratory infection, hence, could not reach out to the Advocate. The delay in filing of the appeal is within the condonable period, we find sufficient cause shown in para 3(ii) of the application for condonation of delay. Delay condoned.
Comp. App. (AT) (Ins) No. 186 of 2026
Heard Ld. Counsel for the Appellant and Respondent.
This appeal has been filed against the order dated 28.11.2025 passed by the NCLT, Chandigarh, Court – I in I.A No. 2234 of 2024 which was filed by Respondent No. 1 - Punjab Small Industries & Export Corporation Ltd. By the impugned order, the Adjudicating Authority has allowed the application and hence directed for acceptance of claim of the Respondent.
This appeal filed by the SRA. The Appellant submitted that the observations made by the Adjudicating Authority in para 8 regarding defect in title are not any good reasons for allowing the application filed by Punjab Small Industries & Export Corporation Ltd. which claim was filed with delay after the plan was approved of the SRA.
Ld. Counsel for the Respondent submits that against the same order dated 28.11.2025 RP had already filed an appeal i.e. CA (AT) (Ins) No. 50 of 2026 Rakesh Phull, RP of Shivam Continental Pvt. Ltd vs Punjab Small Industries & Export Corporation Ltd. and this Tribunal has dismissed the appeal on 16.01.2026 affirming the order passed by the Adjudicating Authority on 28.11.2025. It is submitted that this appeal should also follow the same fate.
We have heard Ld. Counsel for the parties and perused the record. In our judgment dated 16.01.2026 we have already given the reason for approving the order of the Adjudicating Authority accepting the delayed claim of Punjab Small Industries & Export Corporation Ltd. In para 6 to 9 we have made following observations :-
“6.In the Appeal, the copy of the information memorandum has been brought on the record where in the note with regard to letter sent to Corporation following has been stated :
“ Note: The land of the corporate debtor at 116-117, Leather Complex, Kapurthala Road, Jalandhar is situated in the industrial estate of PSIEC. It is understood that the PSIEC has made claims in respect of enhancement of land rates. However such claims have not be en received by and are not in the knowledge of the RP at the time of the issue of this document. The RP has requested PSIEC, vide emails dated 15.07.2023, 19.07.2023 and 16.08.2023, to submit their claims, if any, immediately. However, no response has been received till this date. The prospective resolution applicants are advised to make their own inquiries in respect of any claim of PSIEC as described above. The RP shall not be responsible for any consequence in respect of any claim that the PSIEC may have in respect of the corporate debtor.”
7.The information memorandum itself captures that there are dues of the Corporation but in spite of the communication, no claim was filed. The note itself, indicate that prospective resolution applicants are advised to make their own enquiries in respect of claim of PSIEC as described above.
8.Thus the Information Memorandum was a clear indication regarding claim of the Corporation and the Adjudicating Authority, by Impugned Order had directed for admitting the claim which was belatedly filed. The Plan is still under consideration. Adjudicating Authority has issued direction to the Respondent No 2 & 3 to accept the claim filed on 19/07/2024 and to take all necessary consequential actions. The order of the Adjudicating Authority thus clearly entitles the RP and the SRA to submit an Addendum to the Adjudicating Authority for consideration after admitting the claim.
9.In the facts of the present case, where claims of the Appellant were duly noticed and reflected in the Information Memorandum, admission of the claim by the Adjudicating Authority, although filed belatedly cannot be faulted and that cannot be a ground for this Appellate Tribunal to interfere with the discretion exercised by the Adjudicating Authority in allowing the application filed by the Corporation for accepting this claim.”
We are of the view that when the RP’s appeal has already been dismissed challenging the acceptance of delayed claim of Punjab Small Industries & Export Corporation Ltd., no different order can be passed in the present appeal. Following the earlier judgment, this appeal is also dismissed.