NCLAT Condones Delay in Re-filing Memo of Appeal — Sufficient Reasons Established. Delay of 19 Days in Re-filing Memo of Appeal Condoned Based on Adequate Justifications Provided.

Tribunals: National Company Law Appellate Tribunal Bench: New Delhi
  • 1
Judgement Image
Font size:
Print

Case Note & Summary

The matter before the National Company Law Appellate Tribunal involved an application by Punjab National Bank to extend the time for curing defects in their Memo of Appeal. The Appellants had e-filed the Memo of Appeal on 08.07.2026, but upon scrutiny by the Office on 24.07.2026, defects were identified and communicated to the Appellants. Subsequently, the Appellants re-filed the Appeal on 19.08.2026. The Tribunal heard the arguments from the counsel for the Appellant and reviewed the averments made in the Interlocutory Application along with the Office report. The Tribunal considered the reasons provided in the application to be sufficient and decided to condone the delay of 19 days in re-filing the Memo of Appeal. Consequently, the Tribunal ordered 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 to condone the delay of 19 days in re-filing the Memo of Appeal. Held that the delay was condoned and the case was 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 19 days in re-filing the Memo of Appeal and ordered the case to be listed for admission as a fresh case.

Law Points

  • Condonation of delay
  • Interlocutory application
  • E-filing procedures
Subscribe to unlock Law Points Subscribe Now

Case Details

2026 LawText (NCLAT) (09) 97

Interlocutory Application No.6117/2026, Un-numbered Company Appeal (AT) (Ins.) No.___/2026

2026-09-02

Raj Kumar

Rajnandini

Punjab National Bank

Siddhanth Vedant Cold Storage Pvt. Ltd.

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

Nature of Litigation

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

Remedy Sought

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

Filing Reason

Defects identified in the initial Memo of Appeal.

Issues

Condonation of delay in re-filing Memo of Appeal

Submissions/Arguments

Counsel for the Appellant argued for the extension based on sufficient reasons provided in the application.

Ratio Decidendi

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

Judgment Excerpts

Considering the reasons mentioned in the IA, which are found to be sufficient, the delay of 19 day in re-filing the Memo of Appeal is hereby condoned.

Procedural History

The Appellants e-filed the Memo of Appeal on 08.07.2026, defects were intimated on 24.07.2026, and the Appeal was re-filed on 19.08.2026.

Subscribe to unlock full Legal Analysis Subscribe Now
Related Judgement
Supreme Court Supreme Court Restores Enhanced Compensation in Motor Accident Claim for Death of Business Partners. Income Tax Returns Held Reliable for Assessing Deceased's Income; Mere Continuation of Business by Legal Heirs Does Not Negate Loss of Future Earning...
Related Judgement
High Court Bombay High Court Dismisses Writ Petition Challenging Injunction Order in Suit for Right of Way. Court upholds trial court's finding of prima facie case and balance of convenience in favor of plaintiffs regarding use of 9-meter road.