NCLAT Condones Delay in Re-filing of Memo of Appeal Due to Sufficient Reasons. Delay of 04 Days Justified for Curing Defects in E-filed Memo of Appeal.

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

The National Company Law Appellate Tribunal addressed an application for extending the time granted for curing defects in a Memo of Appeal. The Appellants, Manoj Kumar Goyal and another, initially e-filed their Memo of Appeal on 20.08.2026. After scrutiny on 07.09.2026, the Office notified the Appellants of certain defects. The Appellants subsequently re-filed the Appeal on 18.09.2026. During the hearing, the counsel for the Appellants presented their submissions regarding the delay. The Tribunal considered the reasons provided in the Interlocutory Application and found them sufficient to justify the delay of 04 days in re-filing. Consequently, the Tribunal condoned the delay and directed that the case 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 - Not mentioned - The Appellants sought to extend the time for curing defects in their Memo of Appeal, which was initially filed electronically. The Tribunal found the reasons provided in the Interlocutory Application sufficient and condoned the delay of 04 days in re-filing the Memo of Appeal. Held that the delay was justified and the case was to be listed for admission (fresh case) (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 that the case be listed for admission as a fresh case.

Law Points

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

2026 LawText (NCLAT) (09) 36

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 for extension of time to cure defects in an appeal.

Remedy Sought

Condonation of delay in re-filing the Memo of Appeal.

Filing Reason

Defects were identified in the initial Memo of Appeal.

Issues

Condonation of delay in re-filing the Memo of Appeal

Submissions/Arguments

Counsel for the Appellants submitted reasons for the delay in re-filing.

Ratio Decidendi

The Tribunal held that sufficient reasons were provided to justify the delay in re-filing the Memo of Appeal.

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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