Case Note & Summary
The case involved an application for extending the time granted for curing defects in the Memo of Appeal filed by Alphion India Private Limited against Presto Info Solutions Private Limited. The appellants initially e-filed the Memo of Appeal on 17th July 2026, and upon scrutiny, the office notified them of defects on 29th July 2026. The appellants re-filed the appeal on 25th August 2026, which led to the current application for condonation of the delay in re-filing. The learned counsel for the appellant presented the reasons for the delay, which were deemed sufficient by the Tribunal. The Tribunal condoned the 20-day delay and noted that the matter had been mentioned before the Hon’ble Bench, which allowed the listing of the appeal for 9th September 2026. Consequently, the case was ordered to be listed under the heading 'for admission (fresh case)' on the specified date, and the Interlocutory Application was disposed of accordingly.
Headnote
A) Company Law - Condonation of Delay - Extension of Time for Curing Defects - Not applicable - The Tribunal considered the reasons provided in the Interlocutory Application and found them sufficient to condone the delay of 20 days in re-filing the Memo of Appeal. The appeal was subsequently listed for admission on a specified date. Held that the delay was justified and the appeal would proceed (Paras Not mentioned).
Issue of Consideration
Whether the delay in re-filing the Memo of Appeal should be condoned.
Final Decision
The Tribunal condoned the delay of 20 days in re-filing the Memo of Appeal and ordered the case to be listed for admission on 09/09/2026.
Law Points
- Condonation of delay
- e-filing procedures
- listing of appeals
