Authority: National Company Law Appellate Tribunal Principal Bench, New Delhi
Order Date: 5th August, 2026
Case Overview
This Interlocutory Application (No.5428/2026) was filed by Golden Years Properties Pvt. Ltd. seeking extension of time for curing defects in its appeal filing against Asset Reconstruction Company (India) Ltd. & Anr. The Appellant had originally e-filed the Memorandum of Appeal on 14th April 2026. The NCLAT office scrutinized the appeal and intimated defects to the Appellant on 22nd April 2026. The Appellant re-filed the appeal only on 23rd July 2026, resulting in an 85-day delay from the defect notification date.
The Appellant cited three reasons for the delay: (1) The company is based in Mumbai, Maharashtra while the appeal must be filed before NCLAT in New Delhi; (2) The process of coordinating, compiling, and verifying voluminous documents according to NCLAT filing requirements consumed considerable time; (3) The counsel representing the Appellant was unavailable for a period due to prior professional commitments.
Final Outcome
The Registrar noted that the Appellant was required to re-file the Memorandum of Appeal within seven days from the date of intimation of defects (22nd April 2026), but instead re-filed with a delay of 85 days. The case has been directed to be placed before the Hon'ble Bench with defect for appropriate orders and listed under the heading 'for admission with defect (fresh case)'.
No representative appeared on behalf of the Appellant during the proceedings conducted in hybrid mode.
- Topics: NCLAT Procedure, Filing Delay, Insolvency Appeal