Authority: National Company Law Appellate Tribunal Principal Bench, New Delhi
Order Date: 12th October, 2026
Case Overview
This interlocutory application (IA No.7312/2026) was filed by Neelkanth Medicare Pvt. Ltd. (Appellant) seeking extension of time granted for curing defects in their appeal against ICI Healthcare Pvt. Ltd. (Respondent). The Appellant had e-filed the Memorandum of Appeal on 31st July, 2026. The NCLAT registry scrutinized the appeal and intimated defects to the Appellant on 18th August, 2026. The Appellant was required to re-file the appeal within seven days from this intimation but ultimately re-filed it on 1st October, 2026, resulting in a 37-day delay beyond the deadline.
The Appellant cited two primary reasons for the delay: (1) the process of obtaining, coordinating, and compiling certain documents and records from Ahmedabad, which took additional time, and (2) an intervening accident involving the clerk who was handling the filing coordination, which caused inadvertent delay in completing the refiling formalities.
Final Outcome
After hearing the Appellant's counsel and perusing the application and office report, the Registrar directed that the case be placed before the Hon'ble Bench with defect for appropriate orders. The specific directive was to "List the case before the Hon'ble Bench under the heading 'for admission with defect (fresh case)'." The tribunal has not yet made a final ruling on whether to condone the delay; the matter has been referred to the bench for decision.
Topics: NCLAT Procedure, Appeal Defects, Time Condonation