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, Nishkarsh Kumar, e-filed the Memo of Appeal on 12.08.2026. After scrutiny, the Office notified the Appellant of defects on 24.08.2026. The Appellant subsequently re-filed the Appeal on 09.09.2026. 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 09 days in re-filing the Memo of Appeal. Consequently, the delay was condoned, and the case was ordered to 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 Appellant sought an extension of time to cure defects in the Memo of Appeal filed electronically. The Tribunal found the reasons provided in the Interlocutory Application sufficient to condone the delay of 09 days in re-filing the Memo of Appeal. Held that the delay was condoned and the case was to be listed 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 09 days in re-filing the Memo of Appeal and ordered the case to be listed for admission as a fresh case.
Law Points
- Condonation of delay
- e-filing procedures
- defects in appeal
- time extension
