NCLAT Refuses To Set Aside Order Allowing Amendment Of Default Date In CIRP Plea Against Coffee Day Global

The National Company Law Appellate Tribunal (NCLAT) at Chennai has refused to set aside an order allowing an amendment to the date of default in insolvency proceedings against Cafe Coffee Day parent Coffee Day Global Ltd.

It has granted the company two weeks to file an additional reply addressing the amendment.

A Bench of Judicial Member Justice N. Seshasayee and Technical Member Jatindranath Swain observed that allowing an amendment did not establish the correctness of the revised date of default. The operational creditor would have to prove the amended date separately.

“Law is firmly settled that amendment of pleading is not tantamount to proof of what is so amended. If the date of default is altered through amendment it does not mean that it has been proved by the Operational Creditor. That has to be separately established,” the tribunal observed.

The appeal challenged a June 1, 2026 order of the Bengaluru bench of the National Company Law Tribunal (NCLT). The NCLT had allowed the insolvency administrator of Austria-based Coffee Day Gastronomie und Kaffeehandels GmbH to amend the date of default in its insolvency petition against Coffee Day Global from November 27, 2020, to September 30, 2019.

The insolvency administrator sought the amendment on the ground that September 30, 2019, was the actual date of default. It submitted that the last payment under a Letter of Comfort dated May 2, 2019, was made on August 28, 2019, and that no further payments were made thereafter.

The administrator stated that November 27, 2020, was mentioned in the insolvency petition because the Vienna Commercial Court had awarded interest on the outstanding amount from that date.

The NCLT allowed the amendment, holding that it appeared to align the date of default with the case already pleaded. It also held that the amendment did not shift the cause of action or cause irretrievable prejudice to Coffee Day Global.

Before the NCLAT, Coffee Day Global argued that the proposed amendment was contrary to the evidence on record. It also contended that allowing the amendment at that stage would prejudice its rights and interests.

The NCLAT observed that discrepancies in the evidence submitted by the operational creditor would have to be considered while appreciating the evidence.

“If there are as to the discrepancy in the proof already made available by the Operational Creditor, we underscore that the documents cannot be withdrawn by the appellant and if there are multiple days creating discrepancies, then it is a matter for appreciation of evidence,” the tribunal observed.

The tribunal reiterated that the operational creditor would have to establish the correctness of the dates provided. It also stated that the NCLT would have to carefully consider the facts placed before it while adjudicating the insolvency proceedings.

The NCLAT granted Coffee Day Global two weeks to file an additional reply addressing the amendment and setting out its defence. It disposed of the appeal without imposing costs.