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). The application sought an extension of time for curing defects in the filing of an appeal. The Appellant had e-filed the Memorandum of Appeal on 22nd May 2026. The NCLAT office scrutinized the filing on 25th May 2026 and intimated the defects to the Appellant on the same day. The Appellant refiled the appeal on 7th July 2026, which was 36 days beyond the stipulated 7-day period for refiling after defect intimation. The Appellant stated that the delay was inadvertent, caused by the process of removing the defects and arranging typed copies of the dim annexures, and was neither intentional nor deliberate.

Final Outcome

After hearing the Learned Counsel for the Applicant and perusing the averments in the IA and the office report, the Registrar noted the 36-day delay. The case has been directed to be placed before the Hon'ble Bench under the heading 'for admission with defect (fresh case)' for appropriate orders. The delay has not been condoned by this order; it merely lists the case for further consideration by the bench.

Topics: NCLAT Procedure, Filing Delay, Corporate Litigation