NCLAT Condones Delay in Re-filing Memo of Appeal — Sufficient Reasons Found. The Tribunal found sufficient reasons for the delay in re-filing the Memo of Appeal and allowed the case to proceed.

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

The case involved an application by Zest Heights Pvt. Ltd. to extend the time for curing defects in their Memo of Appeal. The Appellants had e-filed the Memo of Appeal on 10.07.2026, but the Office identified defects on 24.07.2026 and notified the Appellants. The Appellants subsequently re-filed the Appeal on 20.08.2026. During the hearing, no representative appeared for the Appellants. The Tribunal reviewed the Interlocutory Application and the Office report, finding the reasons provided for the delay to be sufficient. Consequently, the Tribunal condoned the 20-day delay in re-filing the Memo of Appeal and ordered that the case be listed for admission under the fresh case heading. The Interlocutory Application was thus disposed of.

Headnote

A) Company Law - Condonation of Delay - Delay in Re-filing Memo of Appeal - Not applicable - The Appellants sought to extend the time for curing defects in their Memo of Appeal, which was initially filed electronically. The Tribunal found sufficient reasons for the delay of 20 days in re-filing 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 20 days in re-filing the Memo of Appeal and ordered the case to be listed for admission under the fresh case heading.

Law Points

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

2026 LawText (NCLAT) (09) 91

Interlocutory Application No.6113/2026, Un-numbered Company Appeal (AT) (Ins.) No.___/2026

2026-09-01

Raj Kumar

Zest Heights Pvt. Ltd.

Acreage Properties Private Limited

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Nature of Litigation

Application to extend time for curing defects in Memo of Appeal.

Remedy Sought

Zest Heights Pvt. Ltd. sought to condone the delay in re-filing their Memo of Appeal.

Filing Reason

The Appellants filed the Memo of Appeal electronically and were notified of defects.

Issues

Whether the delay in re-filing the Memo of Appeal should be condoned.

Submissions/Arguments

The Appellants provided reasons for the delay in re-filing the Memo of Appeal.

Ratio Decidendi

The Tribunal found sufficient reasons for the delay in re-filing the Memo of Appeal, allowing the case to proceed.

Judgment Excerpts

Considering the reasons mentioned in the IA, which are found to be sufficient, the delay of 20 day in re-filing the Memo of Appeal is hereby condoned.

Procedural History

The Appellants e-filed the Memo of Appeal on 10.07.2026, defects were intimated on 24.07.2026, and the Appeal was re-filed on 20.08.2026.

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