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
  • 1
Judgement Image
Font size:
Print

Case Note & Summary

The case involved Zest Heights Pvt. Ltd. as the appellant and Acreage Properties Private Limited as the respondent. The appellants filed a Memo of Appeal electronically on 10.07.2026, which was scrutinized by the Office on 24.07.2026, leading to the identification of defects. The appellants subsequently re-filed the appeal on 20.08.2026. During the hearing, no appearance was made for the appellant. The Tribunal reviewed the Interlocutory Application (IA) and the Office report, finding the reasons for the delay in re-filing sufficient. Consequently, the Tribunal condoned the 20-day delay and directed that the case be listed for admission under the fresh case heading. The IA was disposed of with this order.

Headnote

A) Company Law - Condonation of Delay - Delay in Re-filing Memo of Appeal - National Company Law Appellate Tribunal, 2026 - 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 the Memo of Appeal and condoned the delay, allowing the case to be listed for admission (Paras Not mentioned).

Subscribe to unlock Headnote Subscribe Now

Issue of Consideration

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

Subscribe to unlock Issue of Consideration Subscribe Now

Final Decision

The Tribunal condoned the delay of 20 days in re-filing the Memo of Appeal and directed that the case be listed for admission under the fresh case heading.

Law Points

  • Condonation of delay
  • e-filing procedures
  • defects in appeal
Subscribe to unlock Law Points Subscribe Now

Case Details

2026 LawText (NCLAT) (09) 92

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

2026-09-01

Raj Kumar

None appeared for appellant

Zest Heights Pvt. Ltd.

Acreage Properties Private Limited

Subscribe to unlock Case Details (Citation, Judge, Date & more) Subscribe Now

Nature of Litigation

Application to extend time for curing defects in an appeal.

Remedy Sought

Extension of time for curing defects in the Memo of Appeal.

Filing Reason

Initial Memo of Appeal filed electronically with subsequent defects identified.

Issues

Condonation of delay in re-filing the Memo of Appeal

Submissions/Arguments

Appellants provided reasons for the delay in re-filing.

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.

Subscribe to unlock full Legal Analysis Subscribe Now
Related Judgement
Supreme Court Supreme Court Upholds Employees' Right to Bonus Under Payment of Bonus Act, 1965 — Clarifies Applicability Despite Authorised Controller Appointment.
Related Judgement
High Court Bombay High Court Dismisses Writ Petition Challenging Impleadment in Execution Proceedings. Executing Court's Order Allowing Impleadment of Legal Heirs Upheld Under Order 1 Rule 10 CPC Despite Prior Deletion Based on Release Deed.