Authority: National Company Law Appellate Tribunal Principal Bench, New Delhi
Order Date: 3rd August, 2026
Case Overview
This interlocutory application (IA No.5391/2026) was filed by Rumit Life Care (Appellant) against Shari Pharmachem Pvt. Ltd. (Respondent) seeking extension of time granted for curing defects in their appeal filing. The Appellant had originally e-filed the Memorandum of Appeal on 24th April 2026. The NCLAT office scrutinized the appeal on 29th April 2026 and intimated the defects to the Appellant on the same day. The Appellant refiled the appeal on 28th July 2026, resulting in a delay of 83 days from the original 7-day deadline for refiling.
The Appellant's counsel, Tarak Shah based in Mumbai, cited several reasons for the delay: the need for consultation with the Appellants, obtaining fresh instructions, incorporating necessary corrections in the pleadings and compilation, preparing corrected sets of papers, and ensuring complete procedural compliance with Registry requirements. The geographical distance between counsel and client, coupled with court vacation periods, contributed to the delay.
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.
Topics: NCLAT Procedure, Filing Defects, Time Extension