Authority: The National Company Law Appellate Tribunal Principal Bench, New Delhi
Order Date: 4th November, 2026
Case Overview
This is an Interlocutory Application (IA No.8004/2026) filed by Modern Overseas Pvt. Ltd. (the Appellant) against Paramjeet Singh Bhatia & Ors. (the Respondents). The application seeks an extension of time for curing defects in the filing of a Memorandum of Appeal. The Appellant initially e-filed the Memorandum of Appeal on 5th August 2026. The NCLAT Registry scrutinized the filing and intimated a list of defects to the Appellant on 21st August 2026. The Appellant refiled the appeal on 8th October 2026. The Appellant stated the delay was caused because the Registry required all documents to be clearly legible, and documents in a vernacular language to be filed with a translation. Some copies of old documents had faded over time, requiring the Appellant to trace original records and obtain fresh, clear copies, which took time. After this refiling, the Registry raised a second set of defects, whose curing also contributed to the overall delay. The total delay in refiling the Memorandum of Appeal after the initial intimation of defects is 41 days.
Final Outcome
The Registrar, after hearing the Learned Counsel for the Appellant and perusing the application and office report, noted that the Appellant was required to refile the Memorandum of Appeal within seven days from the date of intimation of defects (21st August 2026) but did so with a delay of 41 days. The Registrar did not condone the delay at this stage but directed the case to be "placed before the Hon'ble Bench with defect for appropriate orders." The case is to be listed before the Hon'ble Bench under the heading 'for admission with defect (fresh case)'.
Topics: NCLAT Procedure, Filing Defects, Delay Condonation