Authority: National Company Law Appellate Tribunal Principal Bench, New Delhi
Order Date: 2nd November, 2026
Case Overview
This Interlocutory Application (IA No.7863/2026) was filed by Honest Shelters Pvt. Ltd. (Appellant) seeking extension of time for curing defects in its appeal filing. The Appellant had originally e-filed the Memorandum of Appeal on 29th July 2026. The NCLAT office scrutinized the appeal on 5th August 2026 and intimated defects to the Appellant on the same day.
The Appellant explained the delay of 63 days in refiling (noted as 66 days by the Registrar) by stating two primary reasons. First, the Appellant had simultaneously filed another appeal (Company Appeal (AT) (Insolvency) No. 1606 of 2026) challenging the same order dated 24th July 2026 through its erstwhile counsel, and bona fidely believed that appeal would address its grievance. Second, that appeal was dismissed along with a batch of four other appeals by the NCLAT on 1st September 2026. After this dismissal, the Appellant sought new legal advice and took steps to cure defects in the present appeal, which involved obtaining NOC from erstwhile counsel, repagination, re-indexing, bookmarking of the paper-book, procuring legible copies of certain annexures, and rectifying clerical errors.
Final Outcome
The Registrar noted that the Appellant was required to refile the Memorandum of Appeal within seven days from the date of intimation of defects (5th August 2026) but had refiled it on 17th October 2026 with a delay of 66 days. The case was directed to be listed before the Hon'ble Bench "for admission with defect (fresh case)" for appropriate orders on the condonation application.
Topics: NCLAT Procedure, Appeal Defect Condonation, Insolvency Appeal