Authority: National Company Law Appellate Tribunal, Principal Bench, New Delhi
Order Date: 6th July, 2026
Case Overview
This Interlocutory Application (No.4466/2026) arises from an un-numbered Company Appeal filed by Jaypee Infratech Ltd. against Bhuvan Madan (Resolution Professional/Chairman of the Monitoring Committee of Jaiprakash Associates Ltd.) & Anr. The Appellant, Jaypee Infratech Ltd., e-filed the Memorandum of Appeal on 28th April 2026. The NCLAT office scrutinized the appeal and intimated defects to the Appellant on 2nd May 2026. The Appellant was required to re-file the corrected Memorandum of Appeal within seven days from this intimation. However, the re-filing was completed only on 18th June 2026, resulting in a 40-day delay. The application seeks condonation of this delay.
The Appellant cited several reasons for the delay. The primary reason was the voluminous nature of the appeal, which required detailed restructuring, recompilation of records, re-pagination, and cross-referencing of annexures. Procuring clear copies of some documents also contributed to the timeline. Further logistical challenges arose because the Appellant is based in a different state, causing delays in the handover and coordination of documents. An additional, intervening factor was the summer vacation period.
Final Outcome
After hearing the learned Counsel for the Appellant and perusing the application and office report, the Registrar, Raj Kumar, noted the 40-day delay in refiling against the stipulated 7-day period. The Registrar did not rule on the application but directed that the case be placed before the Hon'ble Bench for appropriate orders, specifically to be listed under the heading 'for admission with defect (fresh case)'. The substantive appeal remains unnumbered and is pending admission before the bench, contingent on the resolution of this procedural defect.
Topics: NCLAT Procedure, Delay Condonation