Authority: The National Company Law Appellate Tribunal, Principal Bench, New Delhi
Order Date: 21st September, 2026
Case Overview
This interlocutory application (IA No.6715/2026) arises from an un-numbered company appeal filed by Bank of Baroda (Appellant) against IDBI Bank Ltd. & Anr. (Respondents). The Appellant, Bank of Baroda, e-filed the Memorandum of Appeal on 29th May 2026. The NCLAT office scrutinized the filing and intimated the defects to the Appellant on 15th June 2026. The present application is filed to seek an extension of time for curing these defects. The Appellant re-filed the appeal on 10th September 2026. The application states that the 78-day delay in re-filing was caused by the time consumed in rectifying the defects as per the Tribunal's specified format and in obtaining the necessary documents. An additional reason cited is the geographical distance between the Appellant's concerned office in Ahmedabad, Gujarat, and the Tribunal in New Delhi, which contributed to the time taken to collate documents and forward them to advocates for re-filing.
Final Outcome
After hearing the learned counsel for the Appellant and perusing the application and office report, the Registrar, Raj Kumar, noted that the Appellant was required to re-file the Memorandum of Appeal within seven days from the date of intimation of defects (15th June 2026). However, the appeal was re-filed with a delay of 80 days. Consequently, the Registrar directed that the case be listed before the Hon'ble Bench under the heading 'for admission with defect (fresh case)' for appropriate orders. The application for condonation of delay remains pending a decision by the Bench.
Topics: NCLAT Procedure, Filing Defects, Banking Dispute