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 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, but upon scrutiny by the Office on 29th July 2026, defects were identified and communicated to the Appellants. The Appellants subsequently re-filed the Appeal on 25th August 2026. The Counsel for the Appellant presented the case, highlighting the reasons for the delay in re-filing, which the Tribunal found sufficient. The Tribunal condoned the 20-day delay and noted that the matter had already been mentioned before the Hon’ble Bench, which allowed the listing of the Appeal for 9th September 2026. Consequently, the Tribunal ordered that the case be listed under the heading 'for admission (fresh case)' on the specified date, thereby disposing of the Interlocutory Application.
Headnote
A) Company Law - Extension of Time - Condonation of Delay - Not applicable - The Appellants sought an extension for curing defects in their Memo of Appeal due to a delay of 20 days in re-filing. The Tribunal found the reasons sufficient and condoned the delay, allowing the case to be 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
- Extension of time
- curing defects
- procedural compliance
