Case Note & Summary
The National Company Law Appellate Tribunal addressed an application for extending the time granted for curing defects in a Memo of Appeal. The Appellants, Sabar Singh Prabhakar and another, initially e-filed their Memo of Appeal on 12.08.2026. Following scrutiny by the Office on 21.08.2026, defects were communicated to the Appellants on the same day. The Appellants subsequently re-filed the Appeal on 09.09.2026. During the hearing, the learned counsel for the Appellants presented their submissions regarding the delay. The Tribunal considered the reasons provided in the Interlocutory Application and found them sufficient to justify the delay. Consequently, the Tribunal condoned the 12-day delay in re-filing the Memo of Appeal 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 - Companies Act, 2013 - The Appellants sought to extend the time for curing defects in their Memo of Appeal, which was initially filed electronically. The Tribunal found the reasons provided by the Appellants sufficient and condoned the delay of 12 days in re-filing the Memo of Appeal, allowing the case to proceed for admission (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 directed that the case be listed for admission as a fresh case.
Law Points
- Condonation of delay
- e-filing procedures
- defects in appeal
