Limitation and defect-cure time under NCLAT Rules can be extended when filing and re-presentation remain within overall limitation.

An appeal filed within the statutory limitation period under Section 421(3) of the Companies Act, 2013 was re-presented one day after the defect-cure period under Rule 26(2) of the NCLAT Rules, 2016, but both the original filing and re-presentation remained within overall limitation. On that basis, Rule 26(3) could be invoked to extend the time for curing defects. The time granted for removal of defects was accordingly extended, and the application was allowed.

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Issues: Whether the time granted for curing defects in the appeal was liable to be extended under Rule 26(3) of the NCLAT Rules, 2016.

Analysis: The appeal had been initially presented within the statutory period under Section 421(3) of the Companies Act, 2013. Although the papers were returned for curing defects and were re-presented one day beyond the time allowed under Rule 26(2) of the NCLAT Rules, 2016, both the original filing and the re-presentation remained within the overall limitation period. In these circumstances, the power under Rule 26(3) could be exercised to extend the time for curing defects.

Conclusion: The time granted for curing defects was extended, and the application was allowed.

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