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Basavaiah Chikkanna vs Infrastructure Leasing And Financial ...

National Company Law Appellate Tribunal18 January 2024

Ratio decidendi

The rule this decision rests on

The Tribunal condoned a delay of 24 days in re-filing a Memo of Appeal after office defects were notified, on the ground that the reasons stated in the application were sufficient to explain the delay.

Written by Miss Lucy from the judgment below, not taken from a headnote.

Judgment

As delivered

THE NATIONAL COMPANY LAW APPELLATE TRIBUNALPRINCIPAL BENCH, NEW DELHIInterlocutory Application No.390 of 2024Un-numbered Company Appeal (AT) No.___/2024(F.No.11.12.2023/NCLAT/UR/09894)In the matter of:

Basavaiah Chikkanna .... Appellant

Vs.

Infrastructure Leasing and Financial Services Ltd. & Ors. .... Respondents

Appearance: Pallavi Parmar, Advocate for the Appellant.

18th 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 Appellant e-filed the Memo of Appeal on 01.12.2023. The Office after scrutiny of the Memo of Appeal on 11.12.2023, intimated the defects to the Appellant on the same day. The Appellant re-filed the Memo of Appeal on 11.01.2024. It is stated in the Interlocutory Application (IA) that defects were marked on 11th December, 2023, which was a working week and the counsel for the Appellant was busy in appearing before the Courts and when the vacation started, the Counsel also went out of Delhi for some time and returned back around 29th December, 2023. The Appellant is based at Bangalore and it took some time for the signed papers to arrive from Bangalore. Hence, there is delay of 24 days in refiling 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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