NATIONAL COMPANY LAW APPELLATE TRIBUNAL Condones Delay in Re-filing of Memo of Appeal. The Tribunal found sufficient reasons to justify the delay in re-filing the Memo of Appeal and ordered the case to be listed for admission.

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

The case involved an application for extending the time granted for curing defects in a Memo of Appeal filed by the Appellant. The Appellant e-filed the Memo of Appeal on 22.07.2026, and after scrutiny, the Office reported defects on 05.08.2026. The Appellant re-filed the Appeal on 27.08.2026, but no representation was made on behalf of the Appellant during the hearing. The Tribunal reviewed the Interlocutory Application and the Office report, finding the reasons for the delay sufficient. Consequently, the Tribunal condoned the 15-day delay in re-filing the Memo of Appeal and ordered the case to 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 Tribunal condoned a delay of 15 days in re-filing the Memo of Appeal based on sufficient reasons provided in the Interlocutory Application. The Appellant had initially filed the Memo of Appeal electronically and was informed of defects, which were subsequently cured. Held that the delay was justified and the case was to be listed for admission (fresh case) (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 15 days in re-filing the Memo of Appeal and ordered the case to be listed for admission under the fresh case heading.

Law Points

  • Condonation of delay
  • e-filing procedures
  • defects in appeal
  • procedural compliance
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Case Details

2026 LawText (NCLAT) (09) 105

Interlocutory Application No.6216/2026, Un-numbered Company Appeal (AT) (Ins.) No.___/2026

2026-09-03

Raj Kumar

Alka Ramanlal Gandhi

Atul Tansukhlal Mehta

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Nature of Litigation

Application to extend time for curing defects in an appeal.

Remedy Sought

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

Filing Reason

Initial e-filing of the Memo of Appeal was defective.

Previous Decisions

The Office reported defects in the Memo of Appeal after scrutiny.

Issues

Whether the delay in re-filing the Memo of Appeal should be condoned.

Submissions/Arguments

The 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 15 days in re-filing the Memo of Appeal is hereby condoned.

Procedural History

The Appellant e-filed the Memo of Appeal on 22.07.2026, defects were intimated on 05.08.2026, and the Appeal was re-filed on 27.08.2026.

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