Authority: National Company Law Appellate Tribunal Principal Bench, New Delhi
Order Date: 06.11.2026
Case Overview
This order pertains to an interlocutory application (I.A. No. 8109 of 2026) filed within Company Appeal (AT) No. 429 of 2026. The appellants, Jagdamba Industries Ltd. and another company, sought condonation of a 33-day delay in filing their appeal. The impugned order against which the appeal is directed was passed on 23.07.2026. The statutory 45-day period for filing the appeal ended on 06.09.2026. However, the appeal was filed on 09.10.2026. The appellants, represented by Senior Advocate Mr. Krishnendu Datta and a team of advocates, argued that the delay was neither intentional nor deliberate. They attributed it to two primary factors: the significant paperwork required, as both the transferor and transferee companies function from the same office, and the logistical challenge of coordinating between the companies located in Kolkata and their legal counsel based in New Delhi.
Final Outcome
The Tribunal, comprising Justice Mohammad Faiz Alam Khan (Member-Judicial) and Naresh Salecha (Member-Technical), found the explanation for the delay to be sufficient. The application for condonation of delay (I.A. No. 8109 of 2026) was allowed, and the 33-day delay in filing the appeal was condoned. The main appeal was listed for further hearing on 20.11.2026. The Tribunal also granted liberty to the appellants' counsel to file a written note of arguments, not exceeding 3-4 pages, along with any supporting case laws.
Topics: NCLAT, Delay Condonation, Corporate Appeal