Authority: National Company Law Appellate Tribunal Principal Bench, New Delhi
Order Date: 7th August, 2026
Case Overview
This interlocutory application (IA No.5543/2026) was filed by Gurudeo Datta Construction Company (Proprietary Concern of Santosh Pundik Sankpal) seeking extension of time granted for curing defects in their appeal filing against TotalEnergies Marketing India Pvt. Ltd. The appellant had e-filed the Memorandum of Appeal on 2nd June 2026. The NCLAT registry scrutinized the appeal and intimated defects to the appellant on 19th June 2026. The appellant was required to re-file the corrected appeal within seven days of this intimation. However, the appellant re-filed the appeal only on 31st July 2026, resulting in a 34-day delay beyond the stipulated timeframe. The appellant cited exceptional circumstances including continuous heavy rains in Mumbai that prevented staff and advocates living on the city's outskirts from commuting to their offices. The application also mentioned persistent disruptions to internet services, electricity supply, and water supply in Mumbai due to the heavy rainfall as contributing factors to the delay.
Final Outcome
The Registrar heard the appellant's counsel and reviewed the application and office report. The case was listed before the Hon'ble Bench under the heading 'for admission with defect (fresh case)' for appropriate orders regarding the condonation of delay and further processing of the appeal.
Topics: Legal Procedure, Time Extension, Weather Disruption