TaxTMI 
TaxTMI 
2025 (11) TMI 1885
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....x the date stamp of Tribunal thereon and also on the additional copies of the index and return the acknowledgement to the party and he shall also affix his initials on the stamp affixed on the first page of the copies and enter the particulars of all such documents in the register after daily filing and assign a diary number which shall be entered below the date stamp and thereafter cause it to be sent for scrutiny. (2) If, on scrutiny, the appeal or petition or application or document is found to be defective, such document shall, after notice to the party, be returned for compliance and if there is a failure to comply within seven days from the date of return, the same shall be placed before the Registrar who may pass appropriate orders. (3) The Registrar may for sufficient cause return the said document for rectification or amendment to the party filing the same, and for this purpose may allow to the party concerned such reasonable time as he may consider necessary or extend the time for compliance. (4) Where the party fails to take any step for the removal of the defect within the time fixed for the same, the Registrar may, for reasons to be recorded ....
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....e petition on merits, only after satisfying itself that sufficient cause has been shown by the petitioner therein, in removing the defects beyond the period of seven days. Thus, the Registrar had to carry out the said exercise of satisfying itself. However, in the present case, no such exercise has been carried out and the petition has been registered and is now before the Adjudicating Authority. 6. He, thus, submits that such petition, which has been filed beyond the statutory period as provided by Rule 28, ought not to have been registered and entertained. 7. Responding to the same, learned counsel appearing for the respondent no. 1 draws the attention of this Court to the short affidavit filed on behalf of the respondent no. 1, relevant portions of which, are reproduced as under: "xxx xxx xxx 4. That the Petition was duly filed with the Registry vide filling no. 0710102006672022 on 21.01.2022. The details of the filing by the Respondent No. 2, Jammu and Kashmir Bank Limited, as well as the defects marked by the Registry, are outlined as follows: i. That the Petition was initially filed on 21.01.2022. Upon scrutiny, the Registry marked defects on ....
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....onal violations of Rule 28, but rather a consequence of system-generated permissions that allowed the petition to re-enter the scrutiny workflow. The Scrutiny Clerk had no option other than to either return the defective petition or await rectification. 7. That the NCLT, being a nascent institution, has gradually addressed such procedural and technical challenges. In the year 2023, an improved re-filing module was introduced, which now restricts refiling beyond the statutory seven- day limit unless condonation is first obtained. 8. That further, in compliance of directions of Hon'ble Bombay High Court in WP(L) No. 34152/2023 (Bank of Broda Vs Union of India & Anr) Order dated 03.05.2024 a Standard Operating Procedure (SoP) has also been formulated to streamline the scrutiny and re-filing processes in line with Rule 28 and Rule 63 of the NCLT Rules, 2016, thereby ensuring compliance and procedural discipline. The same has come into effect from 02-04-2025 and the same has further streamlined the scrutiny process. 9. That the actions of the Registry in the instant case were bona fide, procedural, and in accordance with the rules to the extent permitted b....
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....s in the Petition/Application/Documents, then the same will be intimated to the party concerned vide Defect Notice-1 through registered E-mail id/User login. 4. A party is required to cure the defects intimated by Defect Notice-1, within 7 days from the date of Defect Notice-1 and refile. 5. Consequent to Defect Notice-1, if the Petition/Application/Documents so refiled is free from all defects, then the matter will be registered. Matter refiled with Defects:- 6. If in the Petition/Application/Documents refiled consequent to Defect Notice-1, same defects/new defects are present, then the Petition/Application/Documents will be forwarded to the Registrar under Rule 28 (2) of NCLT Rules 2016. 7. The party concerned may make a request to cure the defects to the Registrar and the Registrar may on the request of the applicant or otherwise, give 07 days' time to the party to refile, under Rule 28 (3) of NCLT Rules 2016, vide Registrar Order. 8. If the Party fails to refile within 07 days from the date of Registrar Order or upon refiling same defects are present/new defects found, then no further opportunity shall be given by the Re....