Authority: The 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 a Memorandum of Appeal. The Appellant had initially e-filed the Memorandum of Appeal on 17th April 2026. The NCLAT office scrutinized the filing 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 Appellant only re-filed the appeal on 29th June 2026, resulting in a delay of 60 days. The reasons cited for the delay in the application include the time required for rectifying, recompiling, and rearranging documents for proper adjudication. Additional time was consumed in obtaining complete and legible copies of relevant documents. Furthermore, certain pleadings, affidavits, and accompanying applications needed to be executed by the Appellant's authorized signatory, who is situated outside Delhi. The process of transmitting documents, obtaining instructions, and securing signatures contributed to the delay.
Final Outcome
After hearing the learned counsel for the Appellant and perusing the application and office report, the Registrar, Raj Kumar, noted the 60-day delay in refiling. The case has been directed to be listed before the Hon'ble Bench under the heading 'for admission with defect (fresh case)' for appropriate orders. The substantive appeal remains unnumbered (Company Appeal (AT) (Ins.) No.___/2026).
Topics: NCLAT Procedure, Filing Delay, Corporate Litigation