Authority: National Company Law Appellate Tribunal (NCLAT) Principal Bench, New Delhi
Order Date: 13th July, 2026
Case Overview
This Interlocutory Application (IA No.4659/2026) was filed by SVSJ Developers Private Limited (Appellant) seeking an extension of time for curing defects in its filing and condonation of delay in refiling its Memorandum of Appeal. The appeal is against Rahul Jindal (Resolution Professional) and Samar Estate Private Limited. The Appellant had initially e-filed the Memorandum of Appeal on 20th May 2026. The NCLAT office scrutinized the filing and intimated the defects to the Appellant on 22nd May 2026. The Appellant subsequently refiled the appeal on 7th July 2026. The application states that a significant amount of time was consumed in getting the defects cleared. Furthermore, the counsel for the Appellant had to travel outside Delhi due to a personal exigency on 13th June 2026 and returned on 21st June 2026, after which immediate steps were taken to cure the defects. The Appellant refiled the appeal without an application for condonation of delay and subsequently filed this application on 2nd July 2026, seeking to condone a delay of 38 days in refiling, stating it was neither intentional nor deliberate.
Final Outcome
After hearing the learned counsel for the applicant and perusing the averments in the IA and the office report, the Registrar, Raj Kumar, 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 had refiled it with a delay of 39 days. The Registrar directed that the case be placed before the Hon'ble Bench with the defect for appropriate orders and listed under the heading 'for admission with defect (fresh case)'.
Topics: NCLAT Procedure, Filing Delay, Defect Condonation