Authority: National Company Law Appellate Tribunal, Principal Bench, New Delhi
Order Date: 15th July, 2026
Case Overview
This Interlocutory Application (No.4742/2026) arises from an un-numbered Company Appeal filed by Space Infra Consulting Pvt. Ltd. against Atul Mittal (Resolution Professional for Logix Infratech Pvt. Ltd.). The application seeks extension of time granted for curing defects in the appeal filing.
The factual background shows that the Appellant e-filed the Memorandum of Appeal on 12th May 2026. The NCLAT registry scrutinized the appeal on 18th May 2026 and intimated defects to the Appellant on the same day. The Appellant was required to re-file the appeal within seven days from the date of defect intimation. However, the Appellant re-filed the appeal only on 7th July 2026, resulting in a delay of 43 days beyond the stipulated period.
The Appellant cited several practical difficulties causing the delay: the appeal contained voluminous documents, many documents were dim and required re-scanning, bookmarking issues needed to be addressed, and logistical challenges in sending and receiving documents between the advocate and client. The Appellant asserted that the 48-day delay in removing defects and refiling was not deliberate and was outside the control of the advocate.
Final Outcome
The Registrar, after hearing the Learned Counsel for the Applicant and perusing the averments in the IA and office report, noted that the Appellant re-filed the Memorandum of Appeal with a delay of 43 days. The case has been listed before the Hon'ble Bench under the heading 'for admission with defect (fresh case)' for appropriate orders. The substantive appeal remains unnumbered pending resolution of these procedural defects.
Topics: NCLAT Procedure, Filing Defects, Time Extension