Authority: National Company Law Appellate Tribunal, Principal Bench, New Delhi
Order Date: 12th October, 2026
Case Overview
This Interlocutory Application (No.7312/2026) was filed by Neelkanth Medicare Pvt. Ltd. (Appellant) against ICI Healthcare Pvt. Ltd. (Respondent). The application sought an extension of time for curing defects in the filing of a Company Appeal. The Appellant had initially e-filed the Memorandum of Appeal on 31st July 2026. The NCLAT Registry scrutinized the appeal and intimated the defects to the Appellant on 18th August 2026. The Appellant refiled the appeal on 1st October 2026, but the Registry raised defects again. The Appellant cited the process of obtaining, coordinating, and compiling documents from Ahmedabad and an accident involving the clerk handling the filing coordination as reasons for an inadvertent delay of 37 days in completing the refiling formalities.
Final Outcome
The Registrar, after hearing the Learned Counsel for the Appellant and perusing the application and office report, noted that the Appellant was required to refile the Memorandum of Appeal within seven days from the date of intimation of defects (18th August 2026) but did so with a delay of 37 days. The Registrar directed that the case be placed before the Hon'ble Bench under the heading 'for admission with defect (fresh case)' for appropriate orders. The defect was not cured by this order, and the appeal remains procedurally deficient.
Topics: NCLAT Procedure, Filing Defects, Time Extension