Authority: National Company Law Appellate Tribunal, Principal Bench, New Delhi
Order Date: 01st September, 2026
Case Overview
The Interlocutory Application No.6115/2026 was filed by Municipal Corporation Faridabad seeking extension of time granted for curing defects in their appeal filing. The appellants had 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 subsequently re-filed the appeal on 19th August 2026, with a delay of 41 days from the defect intimation date.
The appellants argued that the delay was caused solely due to procedural compliances and administrative formalities required to address the Registry's objections. They maintained that they acted diligently and in good faith throughout the process, with no intentional or deliberate delay in prosecuting the appeal. The application emphasized that substantial public revenue is involved in the matter, and grave prejudice would be caused to the appellant if the delay is not condoned, while no prejudice would be caused to the respondents if the delay is condoned.
Final Outcome
The NCLAT Registrar noted that the appellants were required to re-file the Memorandum of Appeal within seven days from the date of intimation of defects (3rd July 2026), but actually re-filed it with a delay of 40 days. The Registrar directed that the case be placed before the Hon'ble Bench with the defect for appropriate orders and listed under the heading 'for admission with defect (fresh case)'. No appearance was made by the appellants during the proceedings.
Topics: NCLAT Procedure, Delay Condonation, Insolvency Appeal