Aditya Bawa vs Erbe Medical India Private Limited & Anr

Aditya Bawa .... Appellant Vs. ERBE Medical India Pvt. Ltd. & Anr. .... Respondents

Appearance: Prachi Johri, Advocate for the Appellant.

23rd May, 2023

This is an application to extend the time granted for curing the defects.

2. The facts of the case are that the Appellant filed the Memo of Appeal on 29.03.2023 and the Office after scrutiny of the Memo of Appeal on 12.04.2023, intimated the defects to the Appellant on the same day and returned the Memo of Appeal to the Appellant on 13.04.2023. The Appellant re-filed the Memo of Appeal on 12.05.2023. It is stated in the Interlocutory Application (IA) that the Appellant's counsel has had to frequently travel to Cuttack, Orissa and due to her non-availability at Delhi there was some delay in curing the defect. Further Counsel for the Appellant had some family issues where her father-in-law was suspected of having a heart attack and had to be urgently take taken to the hospital and thereafter to be taken care at home, which led to further delay. Hence, there is delay of 24 days in re-filing the Memo of Appeal, so the same may be condoned. However, as per Report of the Registry, the delay is of 23 days.

3. Heard learned Counsel appearing for the Appellant and perused the averments made in the IA as well as Office report.

4. Considering the submissions made on behalf of the Appellant and for the reasons mentioned in the IA, which are sufficient, the delay in re- filing the Memo of Appeal is hereby condoned.

5. As prayed, list the case before the Hon'ble Bench under the heading 'for admission (fresh case)'.

6. With the aforesaid order, this IA stands disposed of.

(Peeush Pandey) Registrar