Case Note & Summary
The matter before the National Company Law Appellate Tribunal involved an application to extend the time for curing defects in a Memo of Appeal filed by the Appellants, Sabar Singh Prabhakar and another. The Appellants initially e-filed their Memo of Appeal on 12.08.2026, but upon scrutiny by the Office on 21.08.2026, they were informed of certain defects. Subsequently, the Appellants re-filed the Appeal on 09.09.2026. The Tribunal heard the submissions made by the learned counsel for the Appellants and reviewed the averments in the Interlocutory Application as well as the Office report. The Tribunal found the reasons provided by the Appellants to be sufficient and decided to condone the delay of 12 days in re-filing the Memo of Appeal. The Tribunal ordered that the case be listed before the Hon’ble Bench under the heading ‘for admission (fresh case)’. The Interlocutory Application was thus disposed of.
Headnote
A) Civil Procedure - Condonation of Delay - Delay in Re-filing Memo of Appeal - Not applicable - The Appellants sought to extend the time for curing defects in their Memo of Appeal. The Tribunal found the reasons provided in the Interlocutory Application sufficient to condone the delay of 12 days in re-filing the Memo of Appeal. Held that the delay was condoned and the case was 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 12 days in re-filing the Memo of Appeal and ordered the case to be listed for admission (fresh case).
Law Points
- Condonation of delay
- e-filing procedures
- defects in appeal
