Alok Kaushik vs Cheema Spintex Ltd And Ors
- CitationInterlocutory Application No.2497/2022
Ratio decidendi
The rule this decision rests on
The Tribunal has the power to condon a delay in re-filing a memorandum of appeal returned for curing defects, where the delay is shown to be unintentional and the reasons advanced in the application are sufficient, and the appeal may then be listed for admission as a fresh case.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
Alok Kaushik Erstwhile Resolution Professional of Cheema Spintex Ltd. .... Appellant
Versus
Cheema Spintex Ltd. & Ors. .... Respondents
Appearance: Rajendra Beniwal, Alok Kaushik and Aman Singhania, Advocates for the Appellant.
29.07.2022
This hearing has been held through video conferencing.
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 28.06.2022 and the Office after scrutiny of the Memo of Appeal on 09.07.2022, intimated the defects to the Appellant on the same day and returned the Memo of Appeal to the Appellant on 12.07.2022. The Appellant re-filed the Memo of Appeal on 21.07.2022. It is stated in the Interlocutory Application (IA) that one of the defects pointed out that a page was not in landscape in the scanned copy. Though, the Appellant and the Counsel has taken all steps to cure the defects, however, unintentional delay of 05 days has occurred in re-filing the Memo of Appeal, so the same may be condoned.
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
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