Authority: National Company Law Appellate Tribunal Principal Bench, New Delhi
Order Date: 13th August, 2026
Case Overview
This interlocutory application (IA No.5668/2026) was filed by the Central Board of Trustees, EFP seeking extension of time for curing defects in their appeal filing. The appellant had originally e-filed the Memorandum of Appeal on 26th March 2026. The NCLAT office scrutinized the appeal on 1st April 2026 and intimated the defects to the appellant on the same day. The appellant refiled the appeal only on 6th August 2026, resulting in a 120-day delay from the prescribed 7-day refiling period.
The appellant cited multiple reasons for the delay including: time taken in obtaining internal approvals from competent authority; administrative processing within the department; collating records; obtaining signatures and stamps of the Authorized Representative on annexures; typing or translating documents. Additionally, the appellant was simultaneously preparing nine other defects-free appeals, and their panel counsel was engaged in appearances and proceedings before various District Courts, High Courts, and the Supreme Court of India.
Final Outcome
The Registrar noted that no one appeared on behalf of the appellant during the proceedings. After perusing the averments in the IA and office report, the case was directed to be listed before the Hon'ble Bench under the heading 'for admission with defect (fresh case)' for appropriate orders regarding the substantial delay in refiling.
Topics: NCLAT, Procedural Delay