Authority: National Company Law Appellate Tribunal, Principal Bench, New Delhi
Order Date: 13th July, 2026
Case Overview
This Interlocutory Application (No.4659/2026) arises from an un-numbered Company Appeal (AT) (Ins.) filed by SVSJ Developers Private Limited against Rahul Jindal (Resolution Professional) and Samar Estate Private Limited. The application specifically seeks extension of time granted for curing defects in the appeal filing process.
The factual background shows that the Appellant e-filed the Memorandum of Appeal on 20th May 2026. The NCLAT office scrutinized the appeal and intimated defects to the Appellant on 22nd May 2026. The Appellant refiled the appeal on 7th July 2026, significantly beyond the prescribed timeline. The Appellant attributes the delay to two factors: significant time consumed in getting defects cleared, and counsel's travel outside Delhi due to personal exigency from 13th to 21st June 2026. The Appellant states the delay of 38 days in refiling after defect removal was neither intentional nor deliberate.
Final Outcome
The Registrar noted that the Appellant was required to refile the Memorandum of Appeal within seven days from the date of intimation of defects (22nd May 2026), but refiled with a delay of 39 days. The case has been directed to be placed before the Hon'ble Bench with defect for appropriate orders under the heading 'for admission with defect (fresh case)'.
Topics: NCLAT Procedure, Filing Delay, Insolvency Appeal