NCLAT Condones Delay in Re-filing Memo of Appeal Due to Sufficient Reasons. Delay of 11 Days in Re-filing Memo of Appeal Condoned Based on Sufficient Reasons Presented.

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

The case involved an application by Leo Ispat Ltd. seeking to extend the time for curing defects in their Memo of Appeal. The Appellant initially filed the Memo of Appeal electronically on 23.07.2026, but the Office identified defects on 07.08.2026. The Appellant subsequently re-filed the Appeal on 25.08.2026. The court considered the submissions made by the Appellant's counsel and found the reasons for the delay sufficient. Consequently, the court condoned the delay of 11 days in re-filing the Memo of Appeal and ordered that the case be listed for admission as a fresh case. The Interlocutory Application was disposed of with this order.

Headnote

A) Company Law - Condonation of Delay - Delay in Re-filing Memo of Appeal - Not applicable - The Appellant sought to extend the time for curing defects in the Memo of Appeal filed on 23.07.2026, with the delay of 11 days being condoned based on sufficient reasons presented. The court directed the case to be listed for admission as a 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 delay of 11 days in re-filing the Memo of Appeal was condoned, and the case was ordered to be listed for admission as a fresh case.

Law Points

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

2026 LawText (NCLAT) (09) 111

Interlocutory Application No.6238/2026, Un-numbered Company Appeal (AT) (Ins.) No.___/2026

2026-09-07

Raj Kumar

Himanshu Garg

Leo Ispat Ltd.

Unilec Engineers Ltd.

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Nature of Litigation

Application to extend time for curing defects in Memo of Appeal.

Remedy Sought

Appellant sought to condone the delay in re-filing 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

Appellant presented sufficient reasons for the delay in re-filing.

Ratio Decidendi

The court found sufficient reasons for the delay in re-filing the Memo of Appeal and exercised its discretion to condone the delay.

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

Procedural History

The Appellant e-filed the Memo of Appeal on 23.07.2026, defects were intimated on 07.08.2026, and the Appeal was re-filed on 25.08.2026.

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