Authority: The National Company Law Appellate Tribunal, Principal Bench, New Delhi
Order Date: 16th October, 2026
Case Overview
This Interlocutory Application (IA No.7578/2026) was filed by Honest Shelters Pvt. Ltd. (Appellant) against Ravi Prakash Ganti & Ors. (Respondents). The application sought an extension of time for curing defects in the memo of a company appeal related to insolvency proceedings. The appellant had initially e-filed the memo of appeal on 05.08.2026. The NCLAT office scrutinized it and intimated defects to the appellant on 07.08.2026. The appellant was required to refile the corrected appeal within seven days but did so only on 14.10.2026, resulting in a 61-day delay. The appellant explained the delay was due to a bona fide belief that a separate appeal (Company Appeal (AT) (Insolvency) No. 1607 of 2026), which challenged the same order dated 24.07.2026, would address their grievance. That separate appeal was part of a batch of five appeals dismissed by the NCLAT on 01.09.2026. After this dismissal, the appellant sought new legal advice and took steps to cure the defects in the present appeal. Further delays were attributed to obtaining a No Objection Certificate (NOC) from the erstwhile counsel, repagination, re-indexing, bookmarking of the paper-book, procuring legible copies of annexures, and rectifying clerical errors.
Final Outcome
After hearing the appellant's counsel and perusing the application and office report, the Registrar of the NCLAT noted the 61-day delay in refiling the memo of appeal. The case was directed to be listed before the Hon'ble Bench for appropriate orders under the heading 'for admission with defect (fresh case)'. The application for condonation of delay remains for the bench to decide.
Topics: NCLAT Procedure, Appeal Defects, Time Extension