NCLAT Condones Delay in Re-filing of Memo of Appeal Due to Sufficient Reasons. Delay of 13 Days in Re-filing Condoned as Reasons Found Sufficient.

Tribunals: National Company Law Appellate Tribunal Bench: New Delhi
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Case Note & Summary

The National Company Law Appellate Tribunal addressed an application for extending the time granted for curing defects in a Memo of Appeal filed by the Appellants. The Appellants had e-filed their Memo of Appeal on 22nd July 2026, but the Office identified defects on 10th August 2026 and notified the Appellants. Subsequently, the Appellants re-filed the Appeal on 30th August 2026. The Tribunal heard the submissions from the Appellants' counsel and reviewed the details in the Interlocutory Application along with the Office report. The Tribunal found the reasons provided for the delay of 13 days in re-filing to be sufficient and thus condoned the delay. The Tribunal ordered that the case be listed before the Hon’ble Bench for admission as a fresh case. The Interlocutory Application was disposed of accordingly.

Headnote

A) Company Law - Condonation of Delay - Extension of Time for Curing Defects - Not mentioned - The Appellants sought to extend the time for curing defects in their Memo of Appeal, which was initially filed electronically. The Tribunal found the reasons provided in the Interlocutory Application sufficient to condone the delay of 13 days in re-filing the Memo of Appeal. Held that the delay was condoned and the case was to be listed for admission (Paras Not mentioned).

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Issue of Consideration

Whether the delay in re-filing the Memo of Appeal should be condoned.

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Final Decision

The Tribunal condoned the delay of 13 days in re-filing the Memo of Appeal and ordered the case to be listed for admission as a fresh case.

Law Points

  • Condonation of delay
  • e-filing procedures
  • defects in appeal
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Case Details

2026 LawText (NCLAT) (09) 2

Interlocutory Application No.6286/2026, Un-numbered Company Appeal (AT) (Ins.) No.___/2026

2026-09-08

Raj Kumar

Akash Tripathi

Somnath Radhakisan Arote & Anr.

Atul Tansukhlal Mehta

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Nature of Litigation

Application for extension of time to cure defects in an appeal.

Remedy Sought

Appellants sought to extend the time for curing defects in their Memo of Appeal.

Filing Reason

Defects were identified in the Memo of Appeal after initial filing.

Issues

Condonation of delay in re-filing the Memo of Appeal

Submissions/Arguments

Appellants provided reasons for the delay in re-filing the Memo of Appeal.

Ratio Decidendi

The Tribunal held that sufficient reasons were provided for the delay in re-filing the Memo of Appeal, warranting its condonation.

Judgment Excerpts

Considering the submissions made on behalf of the Appellants and for the reasons mentioned in the IA, which are found to be sufficient, the delay of 13 days in re-filing the Memo of Appeal is hereby condoned.

Procedural History

The Appellants e-filed the Memo of Appeal on 22.07.2026, defects were intimated on 10.08.2026, and the Appeal was re-filed on 30.08.2026.

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