NCLAT Condones Delay in Re-filing of Memo of Appeal — Extension granted for curing defects in electronic filing. The Tribunal found sufficient reasons for the delay and allowed the case to proceed.

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

The matter before the National Company Law Appellate Tribunal involved an application for extending the time granted for curing defects in a Memo of Appeal. The Appellant, DMP Vanijya Pvt. Ltd., initially e-filed the Memo of Appeal on 09.07.2026. Following scrutiny by the Office on 24.07.2026, defects were communicated to the Appellant on the same day. The Appellant subsequently re-filed the Appeal on 21.08.2026. During the hearing, the learned Counsel for the Appellant presented arguments regarding the necessity of the extension. The Tribunal reviewed the submissions and the Office report, ultimately finding the reasons for the delay sufficient. Consequently, the Tribunal condoned the delay of 21 days in re-filing the Memo of Appeal and directed that the case be listed for admission under the fresh case heading. The Interlocutory Application was thus disposed of with this order.

Headnote

A) Company Law - Condonation of Delay - Extension of Time for Curing Defects - Companies Act, 2013 - The Appellant sought an extension for curing defects in the Memo of Appeal filed electronically. The Tribunal found the reasons provided in the Interlocutory Application sufficient and condoned the delay of 21 days in re-filing the Memo of Appeal, allowing the case to be listed for admission (Paras 1-2).

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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 21 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
  • time extension
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Case Details

2026 LawText (NCLAT) (09) 100

Interlocutory Application No.6170/2026, Un-numbered Company Appeal (AT) (Ins.) No.___/2026

2026-09-02

Raj Kumar

Shivalika Rudrabatla, Adhishwar Suri

DMP Vanijya Pvt. Ltd.

Williamson Magor & Co. Ltd.

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Nature of Litigation

Application for extension of time to cure defects in an appeal.

Remedy Sought

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

Filing Reason

Defects were identified in the initial Memo of Appeal.

Issues

Condonation of delay in re-filing the Memo of Appeal

Submissions/Arguments

The Appellant argued for the necessity of extending the time to cure defects.

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 submissions made on behalf of the Appellant and for the reasons mentioned in the IA, which are found to be sufficient, the delay of 21 days in re-filing the Memo of Appeal is hereby condoned. With the aforesaid order, this IA stands disposed of.

Procedural History

The Appellant e-filed the Memo of Appeal on 09.07.2026, defects were intimated on 24.07.2026, and the Appeal was re-filed on 21.08.2026.

Acts & Sections

  • Companies Act, 2013:
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