Authority: The National Company Law Appellate Tribunal (NCLAT) Principal Bench, New Delhi
Order Date: 26th October, 2026
Case Overview
This is an Interlocutory Application (IA No.7564/2026) filed by Modern Overseas Pvt. Ltd. (the Appellant) seeking an extension of time to cure defects in its filing for an un-numbered Company Appeal. The Appellant had initially e-filed the Memorandum of Appeal on 5th August 2026. The NCLAT registry scrutinized the appeal and intimated the defects to the Appellant on 21st August 2026. The Appellant was required to re-file the corrected appeal within seven days of this intimation. The Appellant re-filed the appeal on 8th October 2026, which was 41 days beyond the stipulated deadline. The application states that the delay was neither intentional nor deliberate. The reason cited for the delay was that some submitted documents were dim, faded, and in a vernacular language, necessitating time to trace the original records to obtain fresh, clear copies and their translations.
Final Outcome
After hearing the learned counsel for the Appellant and perusing the application and office report, the Registrar noted the 41-day delay in refiling. The case has been directed to be listed before the Hon'ble Bench under the heading 'for admission with defect (fresh case)' for appropriate orders on the application to condone the delay.
Topics: NCLAT Procedure, Filing Defects, Delay Condonation