Case Note & Summary
The National Company Law Appellate Tribunal addressed an application for extending the time granted for curing defects in the Memo of Appeal filed by Phantom Studios India Pvt. Ltd. against Eros International Media Ltd. The Appellant initially e-filed the Memo of Appeal on 15.07.2026, but the Office identified defects on 27.07.2026 and notified the Appellant. Subsequently, the Appellant re-filed the Appeal on 24.08.2026. The Tribunal, upon reviewing the submissions made by the Appellant's counsel and the Office report, found the reasons for the delay to be sufficient. Consequently, the Tribunal condoned the delay of 21 days 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 thus 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 sufficient and condoned the delay of 21 days in re-filing the Memo of Appeal, allowing the case to be listed for admission (Paras 1-2).
Issue of Consideration
Whether the delay in re-filing the Memo of Appeal should be condoned.
Final Decision
The Tribunal condoned the delay of 21 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
