Authority: National Company Law Appellate Tribunal, Principal Bench, New Delhi
Order Date: 13th July, 2026
Case Overview
This interlocutory application (IA No.4662/2026) was filed by Bank of Baroda (Appellant) against Deepak Mittal (Respondent) seeking an extension of time for curing defects in the filing of an un-numbered company appeal. The appellant had initially e-filed the Memorandum of Appeal on 22nd May 2026. The NCLAT office scrutinized the appeal on 25th May 2026 and intimated the defects to the appellant on the same day. The appellant re-filed the appeal on 7th July 2026, which was 36 days beyond the stipulated 7-day period for re-filing after defect intimation. The appellant stated that the delay was caused inadvertently due to the time required for removing the defects raised on 25th May 2026 and arranging typed copies of the dim annexures, and was neither intentional nor deliberate.
Final Outcome
The NCLAT Registrar, after hearing the learned counsel for the applicant and perusing the averments in the IA and office report, noted that the appellant had re-filed the Memorandum of Appeal with a delay of 36 days. The case was directed to be placed before the Hon'ble Bench with the defect for appropriate orders under the heading 'for admission with defect (fresh case)'.
Topics: NCLAT Procedure, Filing Delay, Banking Litigation