SC Clarifies Distinction Between Filing Vs. Registration under NCLT Rules – Refilled Amended Petition of Homebuyers Maintainable

Judgment dated 2.2.2026 of the Supreme Court in Civil Appeal No.13628 of 2025 of Satinder Singh Bhasin  Vs.  Col. Gautam Mullick and others with connected civil appeal.

Rule 28 of the National Company Law  Tribunal Rules, 2016 – Endorsement and Scrutiny of Petition or appeal or document

Registration of the pleadings or document is to take place only after removal of the defects therein.  Rule 28(3) states that a party may be allowed not only to rectify but also amend such returned appeal or petition or application or document.  Rule 28(4) shows that it is only after the refiling, upon curing of the defects, that the Registrar would register the pleading or document.   Rule 29 of the NCLT Rules titled as “Registration of Proceedings admitted” and states that on admission of an appeal or petition or caveat or application the same shall be numbered and registered in the appropriate register maintained in that behalf and the number shall be given.

Therefore, the alteration in the memorandum of parties in the company petition after it was filed on 07.07.2021, but returned for curing the defects therein, did not amount to an abuse of process as is being contended by the appellants. It was only after ‘registration’ of the company petition takes place under Rule 28(4) of the NCLT Rules that it would have been impermissible for the petitioning allottees to make any changes therein without the leave of the NCLT. As the changes in question were made by them prior to that event, no adverse inference can be drawn against them to non-suit them on that ground.