Authority: National Company Law Appellate Tribunal, Principal Bench, New Delhi
Order Date: 23rd July, 2026
Case Overview
This Interlocutory Application (No.5056/2026) arises from an un-numbered Company Appeal filed by a consortium comprising Oberoi Realty Ltd., Shree Naman Developers Pvt. Ltd., and JM Financial Properties and Holdings Ltd. against the Monitoring Committee of Hotel Horizon Pvt. Ltd. & Others.
The Appellant e-filed the Memorandum of Appeal on 10th April, 2026. The NCLAT Registry scrutinized the filing on 16th April, 2026 and intimated various defects to the Appellant on the same day. The Appellant was required to re-file the corrected appeal within seven days but ultimately re-filed it on 17th July, 2026, resulting in an 85-day delay from the defect intimation date.
The application states that the delay occurred because the Appellant needed to address multiple procedural requirements, including: rectifying e-filing particulars, making necessary corrections in the pleadings, replacing illegible documents, preparing the appeal paper book in prescribed format with proper pagination and bookmarking, and filing requisite affidavits, authorizations, and other supporting documents. The Appellant attributed the delay to the voluminous nature of the record and the complexity of complying with all procedural requirements.
Final Outcome
The Registrar, after hearing the Learned Counsel for the Appellant and reviewing the application and office report, noted the significant delay of 85 days in refiling the Memorandum of Appeal. 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 regarding the condonation of delay application.
Topics: NCLAT Procedure, Refiling Delay, Real Estate Dispute