ANGELWOODS APARTMENT ALLOTTEES ASSOCIATION Vs. M. LALITHA

JUDGEMENT

(1.) The very institution of an appeal under Sec. 61 of the Insolvency and Bankruptcy Code, 2016[For brevity, 'the Code'], is in issue.

(2.) Company Appeal (AT)(CH)(Ins) No. 252 of 2025 was e-filed on 28/9/2024 by M Lalitha, respondent No. 1 herein, before the National Company Law Appellate Tribunal, Chennai (NCLAT). Therein, she challenged the order dtd. 14/8/2024 passed by the National Company Law Tribunal, Kochi Bench (NCLT), in IA (IBC)/216/KOB/2023 in CP(IB)/05/KOB/2021. By the said order, the NCLT had approved the resolution plan submitted by Angelwoods Apartment Allottees Association, the appellant. Respondent No.1, the mother of a suspended director of the corporate debtor, viz., Samson and Sons Builders and Developers Pvt. Ltd., also claimed to be its financial creditor and sought to challenge the approval of the appellant 's resolution plan.

(3.) Respondent No.1 's appeal, e-filed on 28/9/2024, was with delay and IA No. 1164 of 2025 was filed by her seeking condonation of the delay of 15 days in its presentation. While so, on 4/10/2024, the Registry of the NCLAT communicated the defects in the said appeal. The defects were supposedly rectified with delay and an application in IA No. 1165 of 2025 was filed seeking condonation of the delay of 150 days in the refiling of the appeal after the curing of defects.