Basavaiah Chikkanna vs Indo Enviro Integrated Solutions ...
- CitationInterlocutory Application No.309/2024
Ratio decidendi
The rule this decision rests on
The Tribunal may condone a delay in re-filing an interlocutory application after office-notified curable defects where the applicant shows sufficient cause, namely that the defect notice issued on the last working days before a court vacation, that counsel was away from the city, and that signed papers had to be transmitted from a distant place, and such reasons are sufficient to excuse the delay in re-filing.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
Infrastructure Leasing and Financial Services and Ors. .... Applicants
Vs.
Union of India & Ors. .... Respondents
Appearance: Pallavi Parmar, Advocate for the Applicants.
16th January, 2024 (Virtual Mode)
This is an application to extend the time granted for curing the defects.
2. The facts of the case are that the Applicant e-filed the Interlocutory Application (IA) on 18.12.2023. The Office after scrutiny of the IA on 19.12.2023, intimated the defects to the Applicant on the same day. The Applicant re-filed the IA on 10.01.2024. It is stated in the Interlocutory Application (IA) that defects were marked on 18th December, 2023, which was the last working week for most of the courts including the Hon'ble Supreme Court and the counsel for the Applicant had gone out of Delhi owing to onset of vacations. The Applicants are based at Bangalore and Mysore and it took some time for the signed papers to arrive from Bangalore. Hence, there is delay of 17 days in refiling the IA, so the same may be condoned. However, as per Report of the Registry, the delay is of 15 days.
3. Heard learned Counsel appearing for the Applicant and perused the averments made in the IA as well as Office report.
4. Considering the reasons mentioned in the IA, which are sufficient, the delay in re-filing the IA is hereby condoned.
5. With the aforesaid order, this IA stands disposed of.
(Peeush Pandey) Registrar
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