NCLAT Condones Delay in Re-filing Memo of Appeal Due to Sufficient Reasons. Delay of 07 Days in Re-filing Memo of Appeal Condoned, Allowing Case to be Listed for Admission.

Tribunals: National Company Law Appellate Tribunal Bench: New Delhi
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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, and the Office identified defects on 18.08.2026, notifying the Appellant on the same day. 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 for the delay in re-filing to be sufficient and condoned the 07-day delay, directing that the case be listed for admission under the fresh case heading. The Interlocutory Application was 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 the reasons provided in the Interlocutory Application sufficient and condoned the delay of 07 days in re-filing the Memo of Appeal, allowing the case to be listed for admission (Paras 1-2).

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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 07 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) 18

Interlocutory Application No.6424/2026, Un-numbered Company Appeal (AT) (Ins.) No.___/2026

2026-09-09

Raj Kumar

Nikhil Kumar Jha

Sapan Mohan Garg

Bharat Gupta

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Nature of Litigation

Application to extend time for curing defects in Memo of Appeal.

Remedy Sought

Extension of time for curing defects in the Memo of Appeal.

Filing Reason

Defects identified in the Memo of Appeal.

Issues

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

Submissions/Arguments

The Appellant's counsel submitted 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 Appellant and for the reasons mentioned in the IA, which are found to be sufficient, the delay of 07 days in re-filing the Memo of Appeal is hereby condoned. With the aforesaid order, this IA stands disposed of.

Procedural History

The Appellant e-filed the Memo of Appeal on 14.08.2026, defects were intimated on 18.08.2026, and the Appeal was re-filed on 01.09.2026.

Acts & Sections

  • Companies Act, 2013:
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