NCLAT Condones Delay in Re-filing Interlocutory Application — Sufficient Reasons Established for Delay. Tribunal Found Justification for Delay in Curing Defects in Procedural Filing.

Tribunals: National Company Law Appellate Tribunal Bench: New Delhi
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Case Note & Summary

The case involved an application by Om Prabhu Ashish Co-operative Housing Society Ltd. seeking an extension of time to cure defects in their Interlocutory Application. The initial application was e-filed on 10th August 2026, and the office communicated the defects on the same day after scrutiny. The Applicants re-filed the application on 14th September 2026. During the proceedings, no representative appeared for the Applicant. The Tribunal reviewed the averments in the Interlocutory Application and the office report. It considered the reasons provided by the Applicants for the delay and found them sufficient. Consequently, the Tribunal condoned the delay of 21 days in re-filing the application and disposed of the matter.

Headnote

A) Company Law - Condonation of Delay - Extension of Time for Curing Defects - Not mentioned - The Applicants sought an extension of time for curing defects in their Interlocutory Application, which was initially filed on 10.08.2026 and re-filed on 14.09.2026 after defects were communicated. The Tribunal found the reasons provided sufficient and condoned the delay of 21 days in re-filing the IA, thereby disposing of the application favorably (Paras Not mentioned).

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Issue of Consideration

Whether the delay in re-filing the Interlocutory Application should be condoned.

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Final Decision

The Tribunal condoned the delay of 21 days in re-filing the Interlocutory Application and disposed of the application.

Law Points

  • Condonation of delay
  • procedural compliance
  • time extension
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Case Details

2026 LawText (NCLAT) (09) 27

Company Appeal (AT) (Ins.) No.1321 of 2026

2026-09-17

Raj Kumar

Om Prabhu Ashish Co-operative Housing Society Ltd.

Vivaa Tradecom Ltd. & Anr.

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Nature of Litigation

Application for extension of time to cure defects in an interlocutory application.

Remedy Sought

Extension of time for curing defects in the Interlocutory Application.

Filing Reason

Defects were communicated by the office after initial filing.

Issues

Condonation of delay in re-filing the application

Submissions/Arguments

Reasons for delay were sufficient to warrant condonation.

Ratio Decidendi

The Tribunal held that sufficient reasons for the delay justified the condonation of the delay in re-filing the application.

Judgment Excerpts

Considering the reasons mentioned in the IA, which are sufficient, the delay of 21 days in re-filing the IA is hereby condoned.

Procedural History

The Interlocutory Application was e-filed on 10.08.2026, defects were communicated on 17.08.2026, and the application was re-filed on 14.09.2026.

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