Authority: National Company Law Appellate Tribunal Principal Bench, New Delhi
Order Date: 01st September, 2026
Case Overview
This Interlocutory Application (No.6115/2026) arises from an un-numbered Company Appeal (AT) (Ins.) filed by Municipal Corporation Faridabad against Anil Arora (Resolution Professional) and another respondent. The appellants e-filed the Memorandum of Appeal on 10th June 2026. The NCLAT registry scrutinized the appeal and intimated defects to the appellants on 3rd July 2026. The appellants were required to re-file the Memorandum of Appeal within seven days from the date of intimation of defects. However, the appellants re-filed the appeal only on 19th August 2026, resulting in a delay of 40 days (stated as 41 days in the application).
The appellants argued that the delay was solely due to procedural compliances and administrative formalities required to address the registry's objections. They claimed to have acted diligently and bona fide throughout the process, with no intentional or deliberate delay in prosecuting the appeal. The appellants emphasized that substantial public revenue is involved in the matter and that grave prejudice would occur if the delay is not condoned, while no prejudice would be caused to the respondents if the delay is condoned.
Final Outcome
The Registrar, after perusing the averments in the IA and office report, noted that no one appeared for the appellants. The registry confirmed the delay of 40 days in refiling the Memorandum of Appeal. The case has been directed to be placed before the Hon'ble Bench under the heading 'for admission with defect (fresh case)' for appropriate orders.
Topics: NCLAT Procedure, Appeal Refiling Delay, Municipal Corporation