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2026 Supreme(Online)(NCLT) 669

NATIONAL COMPANY LAW TRIBUNAL
ADHUNIK MEGHALAYA STEELS PRIVATE LIMITED – Appellant
Versus
IL&FS FINANCIAL SERVICES LIMITED – Respondent
IA(I.B.C) - 81/2025



Advocates:
For the Petitioner:Sujit Banerjee
For the Respondent:Kiran Sharma

ORDER SHEET OF THE HEARING ON 5th FEBRUARY 2026 In CP(IB)/2/GB/2024 Present: 1. Hon’ble Member (Judicial), Shri Rammurti Kushawaha

2. Hon’ble Member (Technical), Shri Yogendra Kumar Singh

2. Hon’ble Member (Technical), Shri Yogendra Kumar Singh

2. Hon’ble Member (Technical), Shri Yogendra Kumar Singh

2. Hon’ble Member (Technical), Shri Yogendra Kumar Singh

2. Hon’ble Member (Technical), Shri Yogendra Kumar Singh Appearances (via video conferencing/physically) For Petitioner (s) : Ms. K. Sharma, Adv. (FC)

For Respondent (s) : None

ORDER

Order pronounced in open court vide separate sheets.

Sd/- Sd/-

Yogendra Kumar Singh Rammurti Kushawaha Member (Technical) Member (Judicial)

Shubham (PS)

In CP(IB)/2/GB/2024 Application under Rule 11 read with Rule 43 and 55 of the National Company Law Tribunal Rules, 2016 In the matter of :

Adhunik Meghalaya Steels Pvt. Ltd. having registered office at Plot No.19 23E, PIP Zone Byrnihat Meghalaya, Jaintia Hills, Meghlaya-793101.

…Applicant/ Corporate Debtor -Versus-

IL&FS Financial Services Limited, IL&FS Financial Centre, 8th Floor, Plot-C, G Block, Bandra Kurla Complex, Bandra East, Mumbai 400 051, India …Respondent/ Financial Creditor Coram:

Shri Rammurti Kushawaha : Member (Judicial)

Shri Yogendra Kumar Singh : Member (Technical)

Appearances (through video conferencing):

For Petitioner : Mr. D. N. Sharma (Sr. Adv.), Mr. S. P. Chittawat ________________________(Adv.)________________________ For Respondents : Mr. S. Mitra (Adv.)

Order pronounced on: 05.02.2026 As Per Bench

1. The present application has been filed by Adhunik Meghalaya Steels Pvt. Ltd.

(“Applicant/Corporate Debtor”) under Rule 11 read with Rule 43 and 55 of the NCLT Rules, 2016 for seeking leave of this Tribunal to file additional/ supplementary affidavit to place on record the defence and objections of the Corporate Debtor on merits to oppose and defend C.P (IB) No.2/GB/2024 filed by IL&FS Financial Services Limited In CP(IB)/2/GB/2024 _____________________________________________________________________________________________

(“Respondent/ Financial Creditor”) under section 7 of the Insolvency and Bankruptcy Code, 2016 (“Code”), and to permit reliance upon the same at the time of hearing.

Accordingly, the Applicant most humbly prays for the following reliefs:

a) Permit the corporate debtor/applicant to file an additional affidavit/supplementary in C.P (IB)

No.2/GB/2024 (IL&FS Financial Services Limited Vs. Adhunik Meghalaya Steels Private Limited) to deal with the purported merits of the section 7 IBC petition filed by the Financial Creditor;

b) To permit the applicant to place reliance upon the additional affidavit/supplementary affidavit so filed in terms of prayer (a) above at the time of hearing of C.P (IB) No.2/GB/2024 (IL&FS Financial Services Limited Vs. Adhunik Meghalaya Steels Private Limited);

c) Till the disposal of the instant application, stay of all further proceedings in C.P (IB)

No.2/GB/2024 (IL&FS Financial Services Limited Vs. Adhunik Meghalaya Steels Private Limited);

d) Ad-interim orders in terms of prayers above;

e) Such further order or orders and/or direction or directions be passed as to this Hon'ble Tribunal may deem fit and proper.

2. Submission by the Applicant:

2.1. The applicant states that the present application is within the jurisdiction of this Tribunal. There is no prescribed period of limitation for filing the instant application.

2.2. On or about 10.01.2024, the Financial Creditor filed C.P (IB) No.2/GB/2024 under Section 7 of the Code before this Tribunal, alleging a date of default of 01.03.2018.

2.3. At the initial stage, the Corporate Debtor was advised to file a limited reply affidavit confined solely to the issue of limitation, as the same went to the root of maintainability. Accordingly, the Corporate Debtor filed its reply affidavit dated 25.04.2024, addressing only the issue of limitation. The Financial Creditor thereafter filed a rejoinder affidavit.

2.4. This Tribunal, by order dated 16.05.2024, dismissed the Comp

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