Refiling after removal of defects not amount to fresh filing: NCLAT

V.R. Ashok Rao & Ors. Vs TDT Copper Ltd. (NCLAT Delhi) Conclusion: NCLAT held that the time period of 7 days for removal of defects is directory and the refiling after removal of defects will not amount to a fresh filing. Held: The issue arose for consideration was whether law laid down by the Tribunal in “Mr. Jitendra Virmani Vs. MRO-TEK Realty Ltd. & Ors” and three Member Bench Judgement in “Arul Muthu Kumaara Samy Vs. Registrar of Companies” that when the defect in appeal was cured and the Appeal was refiled before the Appellate Tribunal beyond seven days, th...