Global Coal And Mining Private Limited vs Anand Transport Private Limited
- CitationCompany Appeal (AT) (Ins) No. 244 of 2026
Ratio decidendi
The rule this decision rests on
The reasoning here is thin but present: the Tribunal holds that an order admitting subsequent documents on the record, where those documents may bear on the issues between the parties, does not warrant interference on appeal, and that a party against whom such documents are admitted is entitled to an opportunity to rebut them by additional reply and the other side to a rejoinder.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
IN THE MATTER OF: Global Coal and Mining Private Limited ...Appellants Versus Anand Transport Pvt. Ltd. ...Respondents
Present: For Appellant : Mr. Krishnendu Datta Sr. Advocate with Mr. Anand Varma, Ms. Apoorva Pandey and Ms. Alina Merin, Advocates. For Respondents : Mr. Anshuman Singh and Mr. Gaurav Choudhary, Advocates.
ORDER
(Hybrid Mode)
11.02.2026: Heard counsel for the appellant as well as Ld. Counsel for
the respondent.
2. This appeal has been filed against the order dated 18.12.2025 passed
by the National Company Law Tribunal, New Delhi, Court-VI in IA No.
1820/2025. IA was filed by the Operational Creditor for bringing certain
additional document on the record for effective and proper adjudication of the
matter. The appellants filed an objection to the said application but
Adjudicating Authority after hearing both the parties have allowed the
application.
3. The Ld. Counsel for the appellant submitted that although the
Adjudicating Authority has accepted the additional document on record but
no opportunity was given to rebut to the corporate debtor. Ld. Counsel for the respondent submits that opportunity to file objection was given to the
appellant.
4. After hearing counsel for the parties, we are of the view that order
accepting additional documents does not warrant any interference. All
documents were subsequent documents which may have relevance on the
issues between the parties, we thus do not find any reason to interfere with
the order accepting the additional documents. However, appellant is entitled
for opportunity to rebut the documents. We allow two weeks time to file
additional reply to the additional documents along with relevant documents,
if any.
5. The Operational Creditor shall also have two weeks time to file rejoinder
along with the documents, if any. The Court had accepted the documents on
the record subject to objections.
With the aforesaid, we dispose of the appeal.
[Justice Ashok Bhushan] Chairperson
[Barun Mitra] Member (Technical) harleen/MD
2 of 2 Company Appeal (AT) (Ins) No. 244 of 2026
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