Authority: National Company Law Appellate Tribunal, Principal Bench, New Delhi
Order Date: 15th October, 2026
Case Overview
This interlocutory application (IA No.7508/2026) arises from an un-numbered company appeal filed by SMFG India Credit Company Ltd. against Durga Das Agrawal (Resolution Professional for MKMG Jewels Developers Pvt. Ltd.) and others. The appellant e-filed the memorandum of appeal on 23rd July 2026. The NCLAT office scrutinized the appeal and intimated defects to the appellant on 7th August 2026. The appellant was required to re-file the corrected appeal within seven days but only did so on 29th September 2026—46 days after the defect notification. The appellant attributed the delay to the voluminous nature of documents and records requiring extensive scrutiny, verification, and compilation. Additionally, intervening court/office holidays during Raksha Bandhan, Eid, and Janmashtami reduced effective working days. No representative appeared for the appellant during the hearing.
Final Outcome
The Registrar, after perusing the application and office report, noted the 46-day delay in re-filing against the 7-day requirement. The case was directed to be listed before the Hon'ble Bench under the heading 'for admission with defect (fresh case)' for appropriate orders. The application for condonation of delay remains pending before the bench.
Topics: NCLAT Procedure, Filing Defects, Time Extension