Case Note & Summary
The case involved an application for extending the time granted for curing defects in a Memo of Appeal filed by the Appellant. The Appellant, Sapan Mohan Garg, e-filed the Memo of Appeal on 14.08.2026. After scrutiny, the Office notified the Appellant of defects on 18.08.2026. The Appellant subsequently re-filed the Appeal on 01.09.2026. The Tribunal heard the submissions made by the Appellant's counsel and reviewed the Interlocutory Application along with the Office report. The Tribunal found the reasons provided in the application sufficient to justify the delay of 07 days in re-filing the Memo of Appeal. Consequently, the Tribunal condoned the delay and directed that the case be listed before the Hon’ble Bench for admission as a fresh case. The Interlocutory Application was disposed of with this order.
Headnote
A) Company Law - Condonation of Delay - Extension of Time for Curing Defects - Not applicable - The Appellant sought to extend the time for curing defects in the Memo of Appeal filed under the Companies Act, 2013. The Tribunal found the reasons provided in the Interlocutory Application sufficient to condone the delay of 07 days in re-filing the Memo of Appeal. Held that the delay is condoned and the case is to be listed for admission (fresh case) (Paras Not mentioned).
Issue of Consideration
Whether the delay in re-filing the Memo of Appeal should be condoned.
Final Decision
The Tribunal condoned the delay of 07 days in re-filing the Memo of Appeal and directed that the case be listed for admission as a fresh case.
Law Points
- Condonation of delay
- e-filing
- defects in appeal
