Authority: The National Company Law Appellate Tribunal, Principal Bench, New Delhi
Order Date: 10th July, 2026
Case Overview
This Interlocutory Application (IA No.4553/2026) was filed by IDBI Bank Limited (Appellant) in relation to an un-numbered Company Appeal. The application sought an extension of time to cure defects in the filing of its appeal memo. The appellant, IDBI Bank, had initially e-filed the Memorandum of Appeal on 10th May 2026. The NCLAT office scrutinized the filing on 18th May 2026 and intimated the defects to the appellant on the same day. The appellant was required to re-file the corrected appeal within seven days of this intimation. However, the appellant re-filed the appeal only on 29th June 2026. In its application, the appellant stated that the 35-day delay in refiling was neither intentional nor deliberate. The reasons cited for the delay were inadvertence, the summer holidays, and multiple unsuccessful attempts by its counsel to remove the defects. The defects were last noted on 19th June 2026.
Final Outcome
The Registrar, Mr. Raj Kumar, perused the application and the office report. No one appeared for the appellant during this proceeding. The Registrar noted the factual delay of 35 days in refiling the memo of appeal after the intimation of defects. The order directs that the case be listed before the Hon'ble Bench under the heading 'for admission with defect (fresh case)' for appropriate orders on the matter of condoning the delay.
Topics: NCLAT Procedure, Filing Defects, Banking Litigation