Authority: National Company Law Appellate Tribunal Principal Bench, New Delhi
Order Date: 14th October, 2026
Case Overview
This interlocutory application (IA No.7384/2026) was filed by Infraprojects Ltd. and Kairav Anil Trivedi (Erstwhile IRP for Essel) as appellants against AGM of State Bank of India Sarg/Infra-I/AMT III as respondent. The application seeks extension of time granted for curing defects in the memo of appeal.
The factual background reveals that the appellant e-filed the memo of appeal on 24th November, 2024. The NCLAT office scrutinized the memo on 6th December, 2024 and intimated defects to the appellant on the same day. The appellant subsequently re-filed the appeal on 4th September, 2026.
The appellant cited multiple reasons for the delay: medical reasons preventing resolution of queries within allotted time, authorization of a Delhi-based clerk who was also hospitalized for 3-4 months, and technical issues that were eventually resolved after approaching the NCLAT registrar. The total delay amounted to 637 days in refiling the memo of appeal.
Final Outcome
The Registrar noted that no one appeared on behalf of the appellant. After perusing the averments in the IA and office report, it was observed that the appellant was required to re-file the memo of appeal within seven days from the date of intimation of defects, but instead re-filed with a delay of 630 days. The case has been listed before the Hon'ble Bench under the heading 'for admission with defect (fresh case)' for appropriate orders. The application for condonation of delay remains pending before the bench.
Topics: NCLAT Procedure, Appeal Delay Condonation, Corporate Litigation