NCLAT Condones Delay in Appeal Filing Due to Sufficient Reasons. Delay of 11 Days in Re-filing Memo of Appeal Justified Based on Submissions Made.

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 against Unilec Engineers Ltd. The Appellant initially e-filed the Memo of Appeal on 23.07.2026, but the Office identified defects on 07.08.2026 and notified the Appellant. The Appellant subsequently re-filed the Appeal on 25.08.2026. The Tribunal heard the submissions from the Appellant's counsel and reviewed the application for condonation of delay. It was determined that the reasons provided in the Interlocutory Application were sufficient to justify the 11-day delay 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 disposed of accordingly.

Headnote

A) Company Law - Condonation of Delay - Extension of Time for Curing Defects - Companies Act, 2013 - The Tribunal considered the application for extending the time granted for curing defects in the Memo of Appeal. The delay of 11 days in re-filing was found to be justified based on the submissions made, leading to the decision to condone the delay and list the case for admission. Held that sufficient reasons were provided for the delay (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 11 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
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Case Details

2026 LawText (NCLAT) (09) 112

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 for extension of time to cure defects in Memo of Appeal

Remedy Sought

Extension of time for curing defects in the Memo of Appeal

Filing Reason

Initial defects identified in the Memo of Appeal

Issues

Condonation of delay in re-filing the Memo of Appeal

Submissions/Arguments

The Appellant provided sufficient reasons for the delay in re-filing the Memo of Appeal.

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 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.

Acts & Sections

  • Companies Act, 2013:
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