Authority: National Company Law Appellate Tribunal Principal Bench, New Delhi
Order Date: 10th July, 2026
Case Overview
This interlocutory application (IA No.4667/2026) arises from Company Appeal (AT) (Ins.) proceedings between Bank of Baroda (Appellant) and Pramod Agarwal (Respondent). The Appellant had originally e-filed the Memorandum of Appeal on 22nd May 2026. The NCLAT office scrutinized the filing on 25th May 2026 and intimated defects to the Appellant on the same day. According to procedure, the Appellant was required to re-file the corrected Memorandum of Appeal within seven days of defect intimation. However, the Appellant only re-filed the appeal on 7th July 2026, resulting in a 36-day delay beyond the stipulated deadline. The Appellant attributed this delay to the time required for removing the defects raised on 25th May 2026 and arranging typed copies of dim annexures, characterizing it as neither intentional nor deliberate.
Final Outcome
After hearing the applicant's counsel and reviewing the application and office report, the Registrar noted the 36-day delay in refiling. The case has been directed to be listed before the Hon'ble Bench under the heading 'for admission with defect (fresh case)' for appropriate orders regarding the condonation of delay.
Topics: NCLAT Procedure, Appeal Filing Delay, Bank Litigation