Authority: National Company Law Appellate Tribunal Principal Bench, New Delhi
Order Date: 3rd August, 2026
Case Overview
This Interlocutory Application (No.5391/2026) arises from an un-numbered Company Appeal (AT) (Ins.) between Appellant Rumit Life Care and Respondent Shari Pharmachem Pvt. Ltd. The Appellant initially e-filed the Memorandum of Appeal on 24th April 2026. The NCLAT registry scrutinized the filing on 29th April 2026 and intimated defects to the Appellant on the same day. The Appellant was required to re-file the corrected appeal within seven days but only managed to do so on 28th July 2026, resulting in an 83-day delay beyond the stipulated timeframe. The Appellant's counsel, Tarak Shah, argued that the delay occurred due to the need for consultation with the Appellant, obtaining fresh instructions, incorporating necessary corrections in pleadings and compilation, and ensuring complete procedural compliance. Additional factors cited include the advocate being based in Mumbai (requiring time for instructions and approvals) and court vacation periods.
Final Outcome
The Deputy Registrar, Saudamini Singh, after hearing the appellant's counsel and perusing the application and office report, directed that the case be placed before the Hon'ble Bench under the heading 'for admission with defect (fresh case)' for appropriate orders regarding the condonation of delay. The matter remains pending determination by the bench.
Topics: Procedural Delay, NCLAT Appeal