Case Note & Summary
The matter before the National Company Law Appellate Tribunal involved an application to extend the time for curing defects in the Memo of Appeal filed by the Appellant. The Appellant initially e-filed the Memo of Appeal on 18.07.2026, and upon scrutiny, the Office reported defects on 29.07.2026. The Appellant subsequently re-filed the Appeal on 26.08.2026. The Appellant's Counsel submitted that the application sought to condone a delay of 42 days in refiling; however, the actual delay was reported to be 21 days. The Registry confirmed this delay, and the Tribunal considered the reasons provided, including the ailment of the Counsel at the relevant time. The Tribunal allowed the application, condoning the delay and directing that the case be listed for admission. The Interlocutory Application was thus disposed of with the order to list the case before the Hon’ble Bench.
Headnote
A) Company Law - Condonation of Delay - Delay in Refiling - National Company Law Tribunal (NCLT) Rules, 2016 - The Appellant sought to condone a delay of 21 days in refiling the Memo of Appeal due to the ailment of Counsel. The Tribunal allowed the application and condoned the delay, permitting the case to be listed for admission (Paras 1-2).
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 that the case be listed for admission.
Law Points
- Condonation of delay
- Refiling of appeal
- Defects in appeal
