Legal Analysis: Angelwoods Apartment Allottees Association vs. M Lalitha & Another

Citation: 2026 INSC 479
Court: Supreme Court of India
Bench: Justice Sanjay Kumar and Justice K. Vinod Chandran (Division Bench)
Date of Decision: May 12, 2026
Nature of Judgment: Civil Appeals under Section 62 of the Insolvency and Bankruptcy Code, 2016 against the order of the National Company Law Appellate Tribunal (NCLAT), Chennai condoning delay in filing and refiling of an appeal.

Synopsis of the Judgment

The respondent (M Lalitha) filed an appeal before the NCLAT under Section 61 of the IBC challenging the approval of a resolution plan. She e‑filed the appeal on the last day of the condonable limitation period (28.09.2024) but without a certified copy of the impugned NCLT order. Defects were notified; she refiled the appeal after 150 days (on 10.03.2025), still without a certified copy. The NCLAT condoned both the delay in filing (15 days) and the delay in refiling (150 days). The Supreme Court set aside the NCLAT’s order, holding that the appeal was “incurably tainted” because a certified copy of the impugned order is mandatory under Rule 22(2) of the NCLAT Rules, 2016, and the appellant never applied for it until long after the refiling. The Court reiterated that a diligent litigant must apply for a certified copy before the limitation period expires to claim exclusion of time. The appeals were allowed, and the NCLAT’s condonation order was set aside.

1. Basic Information of the Judgment

• Case Title: Angelwoods Apartment Allottees Association vs. M Lalitha & Another

• Civil Appeal Nos.: 14439‑14440 of 2025

• Bench: Justice Sanjay Kumar and Justice K. Vinod Chandran (Division Bench)

• Date of Decision: May 12, 2026

• Citation: 2026 INSC 479

• Appeal From: Order dated 10.11.2025 of the National Company Law Appellate Tribunal (NCLAT), Chennai in IA Nos. 1164 and 1165 of 2025 in Company Appeal (AT)(CH)(Ins) No. 252 of 2025

2. Legal Framework

Laws and Provisions Involved

• Insolvency and Bankrup

... Upgrade to a Premium Plan to view the full judgment.