Case Note & Summary
The matter before the National Company Law Appellate Tribunal involved two applications, I.A. No. 5726 and I.A. No. 5765 of 2026, concerning the case Comp. App. (AT) No. 399 of 2024. The first application sought condonation of a delay of 76 days in re-filing, which the Tribunal allowed after considering the reasons provided. The second application was for rectification of the judgment dated 19.03.2026, where the counsel for the appellant indicated that certain corrections were necessary. The Tribunal noted that these corrections were specifically mentioned in a prior order dated 20.08.2026. After reviewing the submissions and the nature of the applications, the Tribunal disposed of both applications, allowing the delay and confirming that the corrections should be incorporated into the earlier judgment. The decision was made by Justice Yogesh Khanna, officiating as Chairperson, and Barun Mitra, a member of the Tribunal.
Headnote
A) Company Law - Delay Condonation - Application for Delay in Re-filing - National Company Law Appellate Tribunal condoned a delay of 76 days in re-filing the application based on the reasons provided. The Tribunal allowed the application for delay and disposed of the matter accordingly (Paras 1-1). B) Company Law - Rectification of Judgment - Application for Rectification of Previous Judgment - The Tribunal held that corrections specified in a prior order should be read into the earlier judgment, thereby rectifying the judgment dated 19.03.2026 as per the submissions made (Paras 2-2).
Issue of Consideration
Whether the delay in re-filing the application should be condoned and if corrections in the previous judgment are warranted.
Final Decision
The Tribunal allowed the application for delay of 76 days in re-filing and disposed of the application for rectification by incorporating the necessary corrections into the earlier judgment.
Law Points
- Delay condonation
- Rectification of judgment
