Authority: The National Company Law Appellate Tribunal Principal Bench, New Delhi
Order Date: 10th July, 2026
Case Overview
This is an order on an Interlocutory Application (No.4519/2026) filed by Srei Multiple Asset Investment Trust (Appellant) against Odisha Slurry Pipeline Infrastructure Ltd. & Ors. (Respondents). The application sought an extension of time for curing defects in the filing of a Memorandum of Appeal. The appeal was initially e-filed by the Appellant 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 appeal within seven days of this intimation. However, the appeal was only re-filed on 23rd June 2026, resulting in a delay of 54 days (55 days as claimed in the application). 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. Further delay was attributed to the logistical challenge of having pleadings, affidavits, and accompanying applications executed by an authorized signatory of the Appellant who is situated outside Delhi. The process of transmitting documents, obtaining instructions, and securing signatures consumed additional time.
Final Outcome
The Registrar, after hearing the learned counsel for the Appellant and perusing the application and office report, noted the 54-day delay in refiling. 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 is therefore pending a final decision by the bench.
Topics: NCLAT Procedure, Filing Delay, Corporate Litigation