NCLAT Condones Delay in Re-filing of Memo of Appeal Due to Sufficient Reasons. Delay of 25 Days in Re-filing Memo of Appeal Condoned Based on Sufficient Reasons Provided in the Interlocutory Application.

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 the Memo of Appeal filed by the Appellant. The Appellant initially e-filed the Memo of Appeal on 17.07.2026, and upon scrutiny, the Office notified the Appellant of defects on 06.08.2026. The Appellant subsequently re-filed the Appeal on 07.09.2026. The Tribunal heard the submissions made by the Appellant's counsel and reviewed the averments in the Interlocutory Application. The Tribunal found the reasons provided for the delay to be sufficient and condoned the 25-day delay in re-filing the Memo of Appeal. The Tribunal ordered that the case be listed for admission under the fresh cases heading, thereby disposing of the Interlocutory Application.

Headnote

A) Company Law - Condonation of Delay - Extension of Time for Curing Defects - Not applicable - The Tribunal considered the reasons provided in the Interlocutory Application and found them sufficient to condone the delay of 25 days in re-filing the Memo of Appeal. The Tribunal directed that the case be listed for admission under fresh cases (Paras Not mentioned).

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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 25 days in re-filing the Memo of Appeal and directed that the case be listed for admission under fresh cases.

Law Points

  • Extension of time
  • Condonation of delay
  • Procedural compliance
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Case Details

2026 LawText (NCLAT) (09) 29

Interlocutory Application No.6716/2026, Un-numbered Company Appeal (AT) No.___/2026

2026-09-21

Raj Kumar

Gaurav Adusumalli

Rajesh Kotian

Union of India, M/o Corporate Affairs & Ors.

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Nature of Litigation

Application for extension of time to cure defects in Memo of Appeal

Remedy Sought

Condonation of delay in re-filing the Memo of Appeal

Filing Reason

Defects identified in the initial Memo of Appeal

Issues

Condonation of delay in re-filing the Memo of Appeal

Submissions/Arguments

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, warranting the condonation of the delay in procedural compliance.

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 25 days in re-filing the Memo of Appeal is hereby condoned.

Procedural History

The Appellant e-filed the Memo of Appeal on 17.07.2026, defects were intimated on 06.08.2026, and the Appeal was re-filed on 07.09.2026.

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