NCLAT Condones Delay in Re-filing Memo of Appeal Due to Sufficient Reasons. Delay of 19 Days in Re-filing Memo of Appeal Condoned, Allowing Case to Proceed for Admission.

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

The case involved an application by Punjab National Bank to extend the time for curing defects in their Memo of Appeal. The Appellants had initially e-filed the Memo of Appeal on 08.07.2026, but the Office identified defects on 24.07.2026 and informed the Appellants on the same day. The Appellants subsequently re-filed the Appeal on 19.08.2026. The Tribunal, after hearing the counsel for the Appellant and reviewing the application, found the reasons provided in the Interlocutory Application sufficient to justify the delay of 19 days in re-filing. Consequently, the Tribunal condoned the delay and directed that the case be listed for admission under the fresh case heading. The Interlocutory Application was disposed of with this order.

Headnote

A) Company Law - Condonation of Delay - Extension of Time for Curing Defects - Not applicable - The application sought to extend the time for curing defects in the Memo of Appeal. The Tribunal found sufficient reasons for the delay of 19 days in re-filing the Memo of Appeal and condoned the delay, allowing the case to proceed 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 19 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
  • Interlocutory application
  • Memo of appeal
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Case Details

2026 LawText (NCLAT) (09) 98

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.

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Nature of Litigation

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

Remedy Sought

Punjab National Bank sought to extend the time for curing defects.

Filing Reason

Defects were identified in the Memo of Appeal.

Issues

Condonation of delay in re-filing Memo of Appeal

Submissions/Arguments

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

Ratio Decidendi

The Tribunal held that sufficient reasons were provided for the delay in re-filing the Memo of Appeal, justifying the condonation.

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.

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