Anurag Agarwal & Anr vs Dwarika Infrabuildtech Private ...
- CitationInterlocutory Application No.2145/2023
Ratio decidendi
The rule this decision rests on
The Tribunal condoned a delay of 27 days in re-filing a memorandum of appeal, which had been returned by the Registry for defects, on the ground that the counsel and his clerks had contracted Covid-19 and so the appeal could not be re-filed within the prescribed period; the Tribunal held that these reasons were sufficient to justify condonation of the delay in re-filing.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
Anurag Agarwal & Anr. .... Appellants
Vs.
Dwarika Infrabuildtech Pvt. Ltd. & Ors. .... Respondents
Appearance: Rishav Ambastha, Advocate for the Appellants.
19th May, 2023
This is an application to extend the time granted for curing the defects.
2. The facts of the case are that the Appellants filed the Memo of Appeal on 31.03.2023 and the Office after scrutiny of the Memo of Appeal on 05.04.2023, intimated the defects and returned the Memo of Appeal to the Appellants on the same day. The Appellants re-filed the Memo of Appeal on 09.05.2023. It is stated in the Interlocutory Application (IA) that the Counsel for the Appellants was tested positive for Covid-19 and thereafter the Clerks of the Counsel also started to exhibit symptoms of Covid-19, due to which the Appeal could not be filed within the prescribed time period. Hence, there is delay of 26 days in re-filing the Memo of Appeal, so the same may be condoned. However, as per the Report of the Registry, the delay is of 27 days.
3. Heard learned Counsel appearing for the Appellants and perused the averments made in the IA as well as Office report.
4. Considering the submissions made on behalf of the Appellants 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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