The National Company Law Appellate Tribunal granted an extension of time to the appellant for condoning a nine-day delay in re-filing the Memo of Appeal after defects were intimated.
The delay of 09 days in re-filing the Memo of Appeal is condoned and the case is listed before the Hon'ble Bench for admission as a fresh case.
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THE NATIONAL COMPANY LAW APPELLATE TRIBUNAL PRINCIPAL BENCH, NEW DELHI
Interlocutory Application No.6611/2026 Un-numbered Company Appeal (AT) (Ins.) No.___/2026 (F.No.24.08.2026/NCLAT/UR/09019)
In the matter of:
Nishkarsh Kumar
Vs.
Chaya Gupta & Ors.
..… Respondents
Appearance: Tarun Mehta and Nitai Agarwal, Advocates for the Appellant.
16th September, 2026 (Hybrid Mode)
This is an application to extend the time granted for curing the defects.
The facts of the case are that the Appellant e-filed the Memo of Appeal on 12.08.2026. The Office after scrutiny of the Memo of Appeal on 24.08.2026, intimated the defects to the Appellant on the same day. The Appellant re-filed the Appeal on 09.09.2026.
Heard Ld. Counsel for the Appellant and perused the averments made in the IA as well as Office report.
Considering the submissions made on behalf of the Appellant and for the reasons mentioned in the IA, which are found to be sufficient, the delay of 09 days in re-filing the Memo of Appeal is hereby condoned.
As prayed, list the case before the Hon’ble Bench under the heading ‘for admission (fresh case)’.
With the aforesaid order, this IA stands disposed of.
(Raj Kumar) Registrar
2 issues framed by the court
Whether the delay of 09 days in re-filing the appeal memo can be condoned.
Whether time for curing defects in the memo of appeal should be extended.
Nishkarsh Kumar
Chaya Gupta & Ors.
As recorded by the court registry
An application for interim relief made while the main matter is pending.
Judgements on the same questions, provisions and authorities, from every court
