Case Note & Summary
The case involved an application to extend the time granted for curing defects in a Memo of Appeal filed by the Appellants, Subhash Gaikwad and others, against Renaissance Indus Infra Pvt. Ltd. The Appellants e-filed their Memo of Appeal on 26.03.2026, and upon scrutiny on 07.04.2026, the Office communicated the defects to the Appellants. The Appellants subsequently re-filed the Appeal on 24.04.2026. The Tribunal heard the submissions made by the learned Counsel for the Appellants and reviewed the averments in the Interlocutory Application (IA) along with the Office report. The Tribunal considered the reasons provided in the IA to be sufficient and decided to condone the delay of 10 days in re-filing the Memo of Appeal. The Tribunal ordered that the case be listed before the Hon’ble Bench under the heading ‘for admission (fresh case)’. The IA was disposed of with this order.
Headnote
A) Company Law - Condonation of Delay - Extension of Time for Curing Defects - Insolvency and Bankruptcy Code, 2016 - The Appellants sought to extend the time for curing defects in their Memo of Appeal filed electronically. The Tribunal found sufficient reasons for the delay of 10 days in re-filing the Memo of Appeal and condoned the delay, allowing the case to be listed for admission (Paras 1-2).
Issue of Consideration
Whether the delay in re-filing the Memo of Appeal should be condoned.
Final Decision
The Tribunal condoned the delay of 10 days in re-filing the Memo of Appeal and ordered the case to be listed for admission.
Law Points
- Condonation of delay
- e-filing
- procedural compliance
