Case Law Details
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, the date of re-presentation of the Appeal shall be treated as a fresh Appeal, laid down correct law. It was relevant to notice that Rule 5(3) of Delhi High Court Rules contemplated that if the memo of appeal was filed beyond time allowed by the Deputy Registrar, it should be treated as fresh institution but Hon’ble Supreme Court held in the judgment that extension of time granted for refiling would amount to refiling. However, in Rule 26 of NCLAT Rules, 2016, there was no indication of concept of fresh filing, if defects were not cured in 7 days as had been expressly provided in Delhi High Court Rules. Therefore, in reference of Rule 26, re-presentation beyond 7 days in no manner said to be fresh filing.
FULL TEXT OF THE NCLAT JUDGMENT/ORDER
This larger bench has been constituted to answer following two questions referred by a three-member bench of this Tribunal by its order dated 12.08.2022:
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