NATIONAL COMPANY LAW APPELLATE TRIBUNAL Condones Delay in Re-filing Memo of Appeal. Sufficient Reasons Established for Delay in Compliance with Procedural Requirements.

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 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 notified the Appellant of the defects on 05.08.2026. The Appellant subsequently re-filed the Appeal on 27.08.2026. However, no representation was made on behalf of the Appellant during the proceedings. The Tribunal reviewed the Interlocutory Application and the Office report, considering the reasons provided for the delay. It determined that the reasons were sufficient to justify the delay of 15 days in re-filing the Memo of Appeal. Consequently, the Tribunal condoned the delay 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 - National Company Law Tribunal Act, 2016 - 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 15 days in re-filing the Memo of Appeal and condoned the delay, 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 15 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
  • procedural compliance
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Case Details

2026 LawText (NCLAT) (09) 106

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

Defects were identified in the initial Memo of Appeal.

Issues

Condonation of delay in re-filing the Memo of Appeal

Submissions/Arguments

Sufficient reasons provided for the delay in re-filing the Memo of Appeal.

Ratio Decidendi

The Tribunal held that sufficient reasons for the delay justified the condonation of the delay in re-filing the Memo of Appeal.

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. With the aforesaid order, this IA stands disposed of.

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.

Acts & Sections

  • National Company Law Tribunal Act:
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