Authority: The National Company Law Appellate Tribunal (NCLAT) Principal Bench, New Delhi

Order Date: 16th October, 2026

Case Overview

This is an Interlocutory Application (IA No.7573/2026) filed by Honest Shelters Pvt. Ltd. (Appellant) against Ravi Prakash Ganti & Ors. (Respondents). The application seeks an extension of time for curing defects in the filing of a Memorandum of Appeal. The Appellant had initially e-filed the Memo of Appeal on 05.08.2026. The NCLAT office scrutinized it and intimated the defects to the Appellant on 07.08.2026. The Appellant re-filed the appeal only on 14.10.2026, resulting in a 61-day delay from the stipulated 7-day period for refiling.

The Appellant provided reasons for this delay. It stated that through its erstwhile counsel, it had also filed a separate appeal (Company Appeal (AT) (Insolvency) No. 1607 of 2026) challenging the same order dated 24.07.2026. The Appellant held a bona fide belief that this separate appeal would sufficiently address its grievance, leading it to not cure the defects in the present appeal initially. This separate appeal was subsequently dismissed by the NCLAT as part of a batch of five appeals on 01.09.2026. Following this dismissal, the Appellant sought new legal advice and initiated steps to cure the defects in the present filing. The delay was also attributed to administrative processes, including obtaining a No Objection Certificate (NOC) from the previous counsel, repagination, re-indexing, bookmarking of the paper-book, procuring legible copies of certain annexures, and rectifying clerical errors.

Final Outcome

After hearing the Learned Counsel for the Appellant and perusing the application and office report, the Registrar, Raj Kumar, noted the 61-day delay in refiling. The Registrar did not condone the delay in this order but issued a directive for the case to be placed before the Hon'ble Bench for appropriate orders. The final direction was to "List the case before the Hon'ble Bench under the heading 'for admission with defect (fresh case)'."

Topics: NCLAT Procedure, Filing Defects, Delay Condonation