NCLAT Condones Delay in Re-filing Memo of Appeal Due to Sufficient Reasons. Delay of 3 Days in Re-filing Memo of Appeal Justified as Sufficient Reasons Were Provided.

Tribunals: National Company Law Appellate Tribunal Bench: New Delhi
  • 1
Judgement Image
Font size:
Print

Case Note & Summary

The case involved an application by Srei Equipment Finance Ltd. to extend the time for curing defects in their Memo of Appeal. The Appellant had initially e-filed the Memo of Appeal on 30.07.2026, but the Office identified defects on 14.08.2026 and notified the Appellant. The Appellant subsequently re-filed the Appeal on 24.08.2026. The Tribunal, after hearing the submissions from the Appellant's counsel and reviewing the reasons provided in the Interlocutory Application, found the reasons sufficient to justify the delay of 3 days in re-filing. Consequently, the Tribunal condoned the delay and ordered that the case be listed for admission under the fresh case heading. The Interlocutory Application was thus disposed of.

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 to condone the delay of 3 days in re-filing the Memo of Appeal and directed the case to be listed for admission. Held that the delay was justified and the application was disposed of accordingly (Paras Not mentioned).

Subscribe to unlock Headnote Subscribe Now

Issue of Consideration

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

Subscribe to unlock Issue of Consideration Subscribe Now

Final Decision

The Tribunal condoned the delay of 3 days in re-filing the Memo of Appeal and directed the case to be listed for admission under the fresh case heading.

Law Points

  • Condonation of delay
  • e-filing procedures
  • defects in appeal
Subscribe to unlock Law Points Subscribe Now

Case Details

2026 LawText (NCLAT) (09) 110

Interlocutory Application No.6237/2026, Un-numbered Company Appeal (AT) (Ins.) No.___/2026

2026-09-07

Raj Kumar

Hriday Shah

Srei Equipment Finance Ltd.

Revi Sethia, Resolution Professional, Wind World (India) Ltd. & Ors.

Subscribe to unlock Case Details (Citation, Judge, Date & more) Subscribe Now

Nature of Litigation

Application to extend time for curing defects in Memo of 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

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 to justify 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 03 days in re-filing the Memo of Appeal is hereby condoned.

Procedural History

The Appellant e-filed the Memo of Appeal on 30.07.2026, defects were intimated on 14.08.2026, and the Appeal was re-filed on 24.08.2026.

Subscribe to unlock full Legal Analysis Subscribe Now
Related Judgement
High Court Bombay High Court Considered Constitutional Challenge to Maharashtra Land Acquisition Amendment for Bullet Train Project. Petition Raised Questions of Repugnancy Under Article 254, Presidential Assent, Natural Justice, and Scope of Section 33 of the ...
Related Judgement
Supreme Court Supreme Court Upholds Labour Court Award on Interim Increment and Bonus for Workmen in Industrial Dispute. Interim Consent Award for 4% Increment Cannot Be Challenged; Piece-Rate Workers Not Entitled to Annual Increments; Unpaid Rent Used as Working ...