Authority: National Company Law Appellate Tribunal, Principal Bench, New Delhi
Order Date: 7th August, 2026
Case Overview
This Interlocutory Application (No.5543/2026) arises from an un-numbered Company Appeal filed by Gurudeo Datta Construction Company (Proprietary Concern of Santosh Pundik Sankpal) against TotalEnergies Marketing India Pvt. Ltd. The Appellant e-filed the Memorandum of Appeal on 2nd June 2026. The 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 from the date of intimation. However, the appeal was re-filed only on 31st July 2026, resulting in a delay of 34 days beyond the permitted period.
The Appellant sought condonation of this delay, citing extraordinary circumstances including continuous heavy rains in Mumbai that prevented a majority of staff and advocates living on the outskirts from commuting to office. The application also cited persistent issues with internet services, electric supply, and water supply due to the heavy rains.
Final Outcome
The Registrar, after hearing the Learned Counsel for the Appellant and perusing the application and office report, noted that the appeal was re-filed with a delay of 35 days (against the 7-day requirement). The case has been directed to be listed before the Hon'ble Bench under the heading 'for admission with defect (fresh case)' for appropriate orders. The tribunal has not yet made a final determination on whether to condone the delay.
Topics: Legal Procedure, Delay Condonation, NCLAT