NCLAT Condones Delay in Re-filing Interlocutory Application — Sufficient Reasons Established. Delay of 18 Days in Re-filing Condoned Under Relevant Provisions.

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 granted for curing defects in an Interlocutory Application filed by the Applicants, Syed Mohd. Nabeel and another. The Applicants initially e-filed the Interlocutory Application on 21.05.2026, but upon scrutiny by the Office on 07.08.2026, defects were identified and communicated to the Applicants. They subsequently re-filed the application on 01.09.2026. During the hearing, the learned Counsel for the Applicants presented submissions regarding the delay. The Tribunal considered these submissions and the reasons provided in the Interlocutory Application, determining that the delay of 18 days was justified. Consequently, the Tribunal condoned the delay and disposed of the application.

Headnote

A) Company Law - Condonation of Delay - Extension of Time for Curing Defects - Companies Act, 2013 - The Applicants sought an extension of time to cure defects in their Interlocutory Application. The Tribunal found sufficient reasons for the delay of 18 days in re-filing and condoned the delay, allowing the application to proceed (Paras Not mentioned).

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Issue of Consideration

Whether the delay in re-filing the Interlocutory Application should be condoned.

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Final Decision

The Tribunal condoned the delay of 18 days in re-filing the Interlocutory Application and disposed of the application.

Law Points

  • Condonation of delay
  • Interlocutory application
  • Time extension
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Case Details

2026 LawText (NCLAT) (09) 15

Company Appeal (AT) (Ins.) No.392 of 2025

2026-09-08

Raj Kumar

Mukti Chowdhary

Syed Mohd. Nabeel & Anr.

Rohtas Project & Ors.

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Nature of Litigation

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

Remedy Sought

The Applicants sought to have the delay in re-filing their application condoned.

Filing Reason

Defects were identified in the initial filing of the Interlocutory Application.

Issues

Whether the delay in re-filing the Interlocutory Application should be condoned.

Submissions/Arguments

The Applicants provided reasons for the delay in re-filing the application.

Ratio Decidendi

The Tribunal held that sufficient reasons were provided for the delay, justifying the condonation under the relevant provisions.

Judgment Excerpts

Considering the submissions made on behalf of the Applicants and for the reasons mentioned in the IA, which are sufficient, the delay of 18 days in re-filing the IA is hereby condoned.

Procedural History

The Applicants e-filed the Interlocutory Application on 21.05.2026, defects were intimated on 07.08.2026, and the IA was re-filed on 01.09.2026.

Acts & Sections

  • Companies Act, 2013:
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