Authority: The National Company Law Appellate Tribunal, Principal Bench, New Delhi
Order Date: 16th October, 2026
Case Overview
This Interlocutory Application (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 filing of an un-numbered Company Appeal. The Appellant had initially e-filed the Memorandum of Appeal on 05.08.2026. The NCLAT office scrutinized the filing on 07.08.2026 and intimated the defects to the Appellant on the same day. The Appellant refiled the appeal on 14.10.2026, which was 61 days beyond the stipulated 7-day period for curing defects. The Appellant explained the delay by stating it had bona fidely believed that a separate appeal it had filed (Company Appeal (AT) (Insolvency) No. 1607 of 2026, challenging an order dated 24.07.2026) would address its grievance. However, that batch of five appeals was dismissed by the NCLAT on 01.09.2026. Following this dismissal, the Appellant sought new legal advice and took steps to cure the defects in the present appeal. Additional time was consumed in obtaining a No Objection Certificate (NOC) from its erstwhile counsel, repagination, re-indexing, bookmarking the paper-book, procuring legible copies of annexures, and rectifying clerical errors.
Final Outcome
The Registrar, after hearing the Learned Counsel for the Appellant and perusing the application and office report, noted the 61-day delay in refiling. The case was directed to be placed before the Hon'ble Bench "for admission with defect (fresh case)" for appropriate orders. The application for condonation of delay remains pending a decision by the bench.
Topics: NCLAT Procedure, Delay Condonation, Insolvency Appeal