NCLAT Condones Delay in Appeal Filing Due to Sufficient Reasons. Delay of 13 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 to extend the time for curing defects in a Memo of Appeal filed by the Appellant. The Appellant had e-filed the Memo of Appeal on 07.08.2026, and upon scrutiny, the Office notified the Appellant of defects on 10.08.2026. The Appellant subsequently re-filed the Appeal on 30.08.2026. The Tribunal heard the submissions made by the Appellant's counsel and reviewed the averments in the Interlocutory Application (IA) along with the Office report. The Tribunal found the reasons provided in the IA to be sufficient and decided to condone the delay of 13 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, thereby disposing of the IA.

Headnote

A) Company Law - Condonation of Delay - Extension of Time for Curing Defects - Not applicable - The Appellant sought to extend the time for curing defects in the Memo of Appeal filed electronically. The Tribunal found sufficient reasons for the delay of 13 days in re-filing the Memo of Appeal 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 13 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
  • e-filing procedures
  • defects in appeal
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Case Details

2026 LawText (NCLAT) (09) 101

Interlocutory Application No.6188/2026, Un-numbered Company Appeal (AT) No.___/2026

2026-09-01

Raj Kumar

Prakhar Khanna

Arun Kumar Raii & Anr.

The United Church of Northern India Trust Association & Ors.

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Nature of Litigation

Application to extend time for curing defects in an appeal.

Remedy Sought

Appellant sought to condone the delay in re-filing 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

Appellant provided sufficient reasons for the delay in re-filing.

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 13 days in re-filing the Memo of Appeal is hereby condoned.

Procedural History

The Appellant e-filed the Memo of Appeal on 07.08.2026, defects were intimated on 10.08.2026, and the Appeal was re-filed on 30.08.2026.

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