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, Rekha, who is the proprietor of Shri Krishan Nitin Kumar. The Appellant initially e-filed the Memo of Appeal on 19.07.2026, but upon scrutiny by the Office on 31.07.2026, defects were identified and communicated to the Appellant on the same day. The Appellant subsequently re-filed the Appeal on 25.08.2026. The Tribunal heard the submissions made by the Appellant's counsel and reviewed the averments in the Interlocutory Application as well as the Office report. The Tribunal considered the reasons provided in the application to be sufficient and decided to condone the delay of 18 days in re-filing the Memo of Appeal. Consequently, the Tribunal ordered that the case be listed before the Hon’ble Bench under the heading ‘for admission (fresh case)’. The Interlocutory Application was thus disposed of with this order.
Headnote
A) Company Law - Condonation of Delay - Extension of Time for Curing Defects - Companies Act, 2013 - The Appellant sought an extension of time to cure defects in the Memo of Appeal filed before the Tribunal. The Tribunal found the reasons provided in the Interlocutory Application sufficient and condoned the delay of 18 days in re-filing the Memo of Appeal, allowing the case to be listed for admission (fresh case) (Paras Not mentioned).
Issue of Consideration
Whether the delay in re-filing the Memo of Appeal should be condoned.
Final Decision
The Tribunal condoned the delay of 18 days in re-filing the Memo of Appeal and ordered the case to be listed for admission (fresh case).
Law Points
- Condonation of delay
- Re-filing of appeal
- Defects in appeal
