Authority: National Company Law Appellate Tribunal, Principal Bench, New Delhi
Order Date: 8th July, 2026
Case Overview
This is an Interlocutory Application (IA No.4516/2026) filed by Srei Multiple Asset Investment Trust (the Appellant) against Odisha Slurry Pipeline Infrastructure Ltd. & Ors. (the Respondents). The application seeks an extension of time for curing defects in the filing of an un-numbered Company Appeal. The Appellant had initially e-filed the Memorandum of Appeal on 17th April 2026. The NCLAT office scrutinized the memo and intimated the defects to the Appellant on 23rd April 2026. The Appellant was required to re-file the corrected appeal within seven days of this intimation. However, the appeal was only re-filed on 29th June 2026, resulting in a delay of 60 days. The Appellant cited several reasons for the delay, including the need for rectification, recompilation, and re-arrangement of documents for proper adjudication. Additional time was consumed in obtaining complete and legible copies of relevant documents. Furthermore, certain pleadings, affidavits, and accompanying applications required execution by the Appellant's authorized signatory, who was situated outside Delhi, leading to further delays in transmitting documents, obtaining instructions, and securing signatures.
Final Outcome
After hearing the learned counsel for the Appellant and perusing the application and office report, the Registrar of the NCLAT noted the 60-day delay in refiling the Memorandum of Appeal against the stipulated 7-day period. The Registrar did not rule on the condonation of delay but issued a procedural direction. The case was ordered to be placed before the Hon'ble Bench for appropriate orders, listed under the heading 'for admission with defect (fresh case)'.
Topics: NCLAT Procedure, Filing Delay