National Company Law Appellate Tribunal

Naresh Mittal VS Sunil Kumar Kabra Resolution Professional Mr Naresh Mittal on 4 November 2026

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THE NATIONAL COMPANY LAW APPELLATE TRIBUNAL PRINCIPAL BENCH, NEW DELHI Interlocutory Application No.7982/2026 Un-numbered Company Appeal (AT) (Ins.) No.___/2026 (F.No.13.08.2026/NCLAT/UR/08401) In the matter of: Naresh Mittal …. Appellant Vs. Sunil Kumar Kabra and Anr. .….Respondents Appearance: Divyam Agarwal, Advocate for the Appellant. 4 th November, 2026

(Hybrid Mode) This is an application to extend the time granted for curing the defects. The facts giving rise to present IA (re-filing) are that the Appellant e-filed the Memo of Appeal on 29.07.2026. The Office after scrutiny of the Memo of Appeal on 13.08.2026, intimated the defects to the Appellant on the same day. The Appellant re-filed the Appeal on 06.10.2026. It is stated in the IA that the delay of 47 days in re-filing the Appeal occurred on account of the change of Counsel representing the Appellant. Upon change of Counsel, the case records were required to be obtained, examined and reviewed by the newly engaged Counsel, and the procedural defects pointed out by the Registry were required to be attended to and rectified. The process of transition and familiarisation with the case record resulted in some delay in curing the defects and re- filing the Appeal. Hence, the delay, so the same may be condoned. Heard Ld. Counsel appearing for the Appellant and perused the averments made in the IA as well as Office report. The Appellant was required to re-file the Memo of Appeal within seven days from the date of intimation of the defects. However, the Appellant re-filed the Memo of Appeal with a delay of 47 days, hence, the case be placed before the Hon’ble Bench with defect for appropriate orders. List the case before the Hon’ble Bench under the heading ‘for admission with defect (fresh case)’. (Raj Kumar) Registrar

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