Authority: National Company Law Appellate Tribunal, Principal Bench, New Delhi
Order Date: 26th October, 2026
Case Overview
This interlocutory application (IA No.7552/2026) arises from an un-numbered company appeal filed by JM Financial Asset Reconstruction Company Ltd., acting in its capacity as Trustee of Aranya – Trust. The appellant sought extension of time for curing defects in their appeal filing. The appeal was initially e-filed on 08.08.2026. The NCLAT registry scrutinized the memorandum of appeal on 21.08.2026 and intimated defects to the appellant on the same day. The appellant re-filed the appeal on 05.10.2026, representing a delay of 38 days beyond the stipulated 7-day period for refiling after defect intimation. The appellant contended that the delay was neither intentional nor deliberate, but caused by unavoidable and genuine circumstances beyond their control, despite multiple defect intimations from the registry.
Final Outcome
The NCLAT Registrar, after hearing the appellant's counsel and reviewing the application and office report, noted the 38-day delay in refiling the memorandum of appeal. The Registrar directed that the case be placed before the Hon'ble Bench under the heading 'for admission with defect (fresh case)' for appropriate orders regarding the defect condonation request.
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