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. The Appellant, Satyawan Vasant Nagvekar, initially e-filed the Memo of Appeal on 18.07.2026. Following scrutiny, the Office notified the Appellant of defects on 29.07.2026, leading to a re-filing of the Appeal on 26.08.2026. The Appellant's Counsel submitted that the application sought to condone a delay of 42 days; however, the actual delay reported was 21 days. The Registry confirmed this delay, attributing it to the Counsel's ailment at the relevant time. The Tribunal, upon reviewing the application and the Office report, allowed the request to condone the delay and directed that the case be listed for admission under the fresh case heading. The Interlocutory Application was thus disposed of with the order to proceed with the appeal.
Headnote
A) Company Law - Condonation of Delay - Delay in Refiling of Appeal - Companies Act, 2013 - The application sought to condone a delay of 21 days in refiling the Memo of Appeal due to the ailment of the Counsel. The Tribunal allowed the application and condoned the delay, directing the case to be listed for admission (fresh case) (Paras Not mentioned).
Issue of Consideration
Whether the delay in refiling the Memo of Appeal should be condoned.
Final Decision
The Tribunal allowed the application and condoned the delay of 21 days in refiling the Memo of Appeal, directing the case to be listed for admission under the fresh case heading.
Law Points
- Condonation of delay
- Refiling of appeal
- Defects in appeal
