NCLAT Condones Delay in Re-filing of Appeal — Delay justified based on sufficient reasons provided. Condonation of delay allowed under the Companies Act, 2013.

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

The case involved an application to extend the time for curing defects in a Memo of Appeal filed by the Appellants, who were suspended management of MAP Refoils India Ltd. The Appellants initially e-filed the Memo of Appeal on 25.06.2026, but the Office identified defects on 14.07.2026. The Appellants subsequently re-filed the Appeal on 19.08.2026. The Tribunal heard the submissions from the Appellants' counsel and reviewed the reasons provided in the Interlocutory Application. It was determined that the delay of 29 days in re-filing was justified based on the explanations given. Consequently, the Tribunal condoned the delay and directed that the case be listed for admission under the fresh case heading. The Interlocutory Application was thus disposed of.

Headnote

A) Company Law - Condonation of Delay - Extension of Time for Curing Defects - Companies Act, 2013 - The Appellants sought to extend the time for curing defects in their Memo of Appeal due to a delay of 29 days in re-filing. The Tribunal found the reasons provided in the Interlocutory Application sufficient and condoned the delay, allowing the case to be listed for admission. Held that the delay was justified and the application was disposed of accordingly (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 29 days in re-filing the Memo of Appeal and directed that the case be listed for admission under the fresh case heading.

Law Points

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

2026 LawText (NCLAT) (09) 3

Interlocutory Application No.6307/2026 Un-numbered Company Appeal (AT) (Ins.) No.___/2026

2026-09-09

Raj Kumar

Natasha Dhruman Shah

Mehulkumar Arvindbhai Patel Suspended Management MAP Refoils India Ltd. & Ors.

Vikash Jain Liquidator of MAP Refoils India Ltd.

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Nature of Litigation

Application to extend time for curing defects in an appeal.

Remedy Sought

Appellants sought to condone the delay in re-filing the Memo of Appeal.

Filing Reason

Defects were identified in the initial Memo of Appeal.

Issues

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

Submissions/Arguments

The 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, justifying the 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 29 days in re-filing the Memo of Appeal is hereby condoned.

Procedural History

The Appellants e-filed the Memo of Appeal on 25.06.2026, defects were intimated on 14.07.2026, and the Appeal was re-filed on 19.08.2026.

Acts & Sections

  • Companies Act, 2013:
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