Case Note & Summary
The National Company Law Appellate Tribunal addressed an application for extending the time granted for curing defects in the Memo of Appeal filed by Sawalka Autotech Pvt. Ltd. against Jalesh Kumar Grover, the Resolution Professional for Grandstar Reality Pvt. Ltd. The Appellant initially e-filed the Memo of Appeal on 20th July 2026, but upon scrutiny by the Office on 3rd August 2026, defects were identified and communicated to the Appellant. The Appellant subsequently re-filed the Appeal on 31st August 2026. During the hearing, the counsel for the Appellant presented submissions regarding the delay, which the Tribunal found to be justified. Consequently, the Tribunal condoned the delay of 21 days in re-filing the Memo of Appeal and directed that the case be listed for admission under the fresh case heading. The Interlocutory Application was thus disposed of with this order.
Headnote
A) Company Law - Condonation of Delay - Extension of Time for Curing Defects - Companies Act, 2013 - The Appellant sought to extend the time for curing defects in the Memo of Appeal filed electronically. The Tribunal found sufficient reasons for the delay of 21 days in re-filing the Memo of Appeal and condoned the delay, allowing the case to be listed for admission (Paras 1-2).
Issue of Consideration
Whether the delay in re-filing the Memo of Appeal should be condoned.
Final Decision
The Tribunal condoned the delay of 21 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
- time extension
