National Company Law Appellate Tribunal Condones Delay in Re-filing of Memo of Appeal. Delay of 04 Days in Re-filing 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 matter before the National Company Law Appellate Tribunal involved an application to extend the time granted for curing defects in a Memo of Appeal. The Appellants, Manoj Kumar Goyal and another, had e-filed their Memo of Appeal on 20.08.2026. Upon scrutiny, the Office identified defects and notified the Appellants on 07.09.2026. The Appellants subsequently re-filed the Appeal on 18.09.2026. 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 deemed them sufficient to justify the delay of 04 days in re-filing the Memo of Appeal. Consequently, the Tribunal condoned the delay and directed that the case be listed for admission under the appropriate heading. The Interlocutory Application was thus disposed of with this order.

Headnote

A) Company Law - Condonation of Delay - Extension of Time for Curing Defects - Not applicable - The Appellants sought to extend the time for curing defects in their Memo of Appeal due to a delay of 04 days in re-filing. The Tribunal found the reasons provided in the Interlocutory Application sufficient and condoned the delay, allowing the case to be listed for admission (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 04 days in re-filing the Memo of Appeal and directed the case to be listed for admission.

Law Points

  • Condonation of delay
  • e-filing procedures
  • defects in appeal
  • procedural compliance
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Case Details

2026 LawText (NCLAT) (09) 35

Interlocutory Application No.6861/2026, Un-numbered Company Appeal (AT) (Ins.) No.___/2026

2026-09-24

Raj Kumar

Rishi Kapoor, Siddhartha Makhija

Manoj Kumar Goyal & Anr.

Dinesh Khetan & Ors.

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Nature of Litigation

Application to extend time for curing defects in Memo of Appeal

Remedy Sought

Extension of time for curing defects

Filing Reason

Defects identified in the Memo of Appeal

Issues

Condonation of delay in re-filing Memo of Appeal

Submissions/Arguments

Reasons for delay were sufficient Request for extension of time

Ratio Decidendi

The Tribunal held that sufficient reasons were provided for the delay in re-filing the Memo of Appeal, justifying the condonation.

Judgment Excerpts

Considering the submissions made on behalf of the Appellants and for the reasons mentioned in the IA, which are found to be sufficient, the delay of 04 days in re-filing the Memo of Appeal is hereby condoned.

Procedural History

The Appellants e-filed the Memo of Appeal on 20.08.2026, defects were intimated on 07.09.2026, and the Appeal was re-filed on 18.09.2026.

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