Arichwal Trading Co. Private Limited vs Vinayak Rail Track (India) Private ...
- CitationInterlocutory Application No.4290/2022
Ratio decidendi
The rule this decision rests on
The delay in re-filing a memorandum of appeal after it has been returned for defects may be condoned where the reasons advanced in the interlocutory application, namely the appellant's location in another city, the time needed to coordinate with counsel and exchange papers, and court holidays, are considered sufficient cause for the delay.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
Arichwal Trading Co. Pvt. Ltd. .... Appellant
Vs.
Vinayak Rail Track (India) Pvt. Ltd. .... Respondent
Appearance: Abhay Kumar Das, Advocate for the Appellant.
16.11.2022
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 27.09.2022 and the Office after scrutiny of the Memo of Appeal on 13.10.2022, intimated the defects and returned the Memo of Appeal to the Appellant on the same day. The Appellant re-filed the Memo of Appeal on 10.11.2022. It is stated in the Interlocutory Application (IA) that the applicant/ appellant is based in Kolkata and counsel is based in Delhi, co- ordinating with the counsel and exchanging papers with him consumed some time and also due to court holidays during mid October 2022, the counsel was busy in family functions and festivals, it took time to remove the defect. Hence, there is delay of 21 days 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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