Authority: The National Company Law Appellate Tribunal, Principal Bench, New Delhi
Order Date: 5th August, 2026
Case Overview
This is an Interlocutory Application (No.5428/2026) filed by Golden Years Properties Pvt. Ltd. (Appellant) against Asset Reconstruction Company (India) Ltd. & Anr. (Respondents). The application seeks an extension of time for curing defects in the filing of a company appeal. The Appellant had initially e-filed the Memorandum of Appeal on 14th April 2026. The NCLAT office scrutinized the filing and intimated the defects to the Appellant on 22nd April 2026. The Appellant was required to re-file the corrected appeal within seven days of this intimation. However, the appeal was only re-filed on 23rd July 2026, resulting in a delay of 85 days. The Appellant cited the logistical challenges of coordinating, compiling, and verifying voluminous documents from Mumbai for a tribunal in New Delhi, coupled with the unavailability of its counsel due to prior professional commitments, as reasons for the delay.
Final Outcome
No one appeared on behalf of the Appellant during the proceedings. The Registrar, after perusing the application and the office report, noted the 85-day delay in re-filing the Memorandum of Appeal. The case was directed to be placed before the Hon'ble Bench for appropriate orders under the heading 'for admission with defect (fresh case)'.
Topics: NCLAT Procedure, Filing Delay, Corporate Insolvency