Case Note & Summary
The National Company Law Appellate Tribunal dealt with two appeals filed by Naresh Gupta and Neeraj Gupta against Anupam Mahajan and others. The appeals were against orders from the NCLT, New Delhi, which dismissed the Appellants' applications for waiver under Section 244 of the Companies Act, 2013. The appeals were originally filed on 04.09.2025 but were found defective by the Registry on 08.09.2025, requiring rectification within seven days. The Appellants re-filed the appeals in March 2026, resulting in a delay of 227 days. The Appellants argued that the delay was due to serious health issues affecting both of them, particularly Appellant No. 1, who had significant cardiac problems and other medical complications. They sought condonation of the delay, asserting that it was not intentional but due to bona fide circumstances. The Tribunal analyzed the medical records presented by the Appellants and found that they did not adequately explain the entire delay period. The records indicated outpatient consultations rather than continuous hospitalization, and the Tribunal noted that the Appellants failed to demonstrate due diligence in curing the defects within the prescribed time. Consequently, the Tribunal dismissed the applications for condonation of delay and the appeals themselves, emphasizing the need for a satisfactory explanation for such a substantial delay. The final decision was rendered on 09.09.2026.
Headnote
A) Company Law - Condonation of Delay - Sufficient Cause - Companies Act, 2013, Section 244 - The Appellants sought condonation of a 227-day delay in re-filing appeals due to health issues. The Tribunal found that the medical records did not satisfactorily explain the entire delay period, leading to the dismissal of the applications for condonation. Held that the delay was not adequately justified (Paras 30-38).
Issue of Consideration
Whether sufficient grounds exist for condoning the delay of 227 days in re-filing the appeals.
Final Decision
The applications for condonation of delay in re-filing were dismissed, and both appeals were also dismissed due to the delay.
Law Points
- Condonation of delay
- waiver under Section 244
- NCLAT Rules
- medical circumstances
- sufficient cause
