Authority: National Company Law Appellate Tribunal, Principal Bench, New Delhi
Order Date: 06 November 2026
Case Overview
This proceeding concerns an Interlocutory Application (I.A. No. 8109 of 2026) filed by Jagdamba Industries Ltd. & Anr. (the Appellants) seeking condonation of a 33-day delay in filing an appeal. The appeal is against an order dated 23rd July 2026. The stipulated period for filing the appeal was 45 days from the date the copy of the order was made available. This deadline ended on 6th September 2026. However, the appeal was filed on 9th October 2026. The Appellants, described as a transferor and a transferee company, argued that the delay was neither intentional nor deliberate. They attributed it to two primary reasons: the significant paperwork required for two companies functioning from the same office, and the geographical challenge of their office being in Kolkata while their legal counsel is based in New Delhi.
Final Outcome
The NCLAT Bench, comprising Justice Mohammad Faiz Alam Khan (Member-Judicial) and Naresh Salecha (Member-Technical), allowed the application for condonation of delay. The Bench found the explanation for the 33-day delay to be sufficient and noted that the appeal was still filed within the condonable jurisdiction of the Tribunal. The delay was formally condoned, and I.A. No. 8109 of 2026 was disposed of. The main appeal (Company Appeal (AT) No. 429 of 2026) was listed for further hearing on 20th November 2026. The Appellants were granted liberty to file a written note of arguments, limited to 3-4 pages, along with any supporting case laws, before the next date of hearing.
Topics: Legal Proceedings, Corporate Law