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C.P. Ispat Pvt. Ltd vs Maan Steel And Power Ltd. And Ors

National Company Law Appellate Tribunal24 May 2022

Ratio decidendi

The rule this decision rests on

This order decides an application to extend time for curing defects in a Memo of Appeal, and its reasoning rests on the following point: where the defects in an appeal memo are intimated by the Registry, the appellant is required to re-file within seven days of the intimation, and a re-filing outside that period is a delay which the Registrar places before the Bench for appropriate orders rather than being regularised administratively at the Registry level.

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. 1578/2022Un-numbered Company Appeal (AT) (Insolvency) No.___/2022(F.No.29.03.2022/NCLAT/UR/01241In the matter of:

C.P. Ispat Pvt. Ltd. .... Appellant

Versus Maan Steel and Power Ltd. & Ors. .... Respondents

Appearance: Soumya Dutta, Advocate for the Appellant.

24.05.2022

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 25.03.2022 and the Office after scrutiny of the Memo of Appeal on 29.03.2022, intimated the defects to the Appellant on the same day and returned the Memo of Appeal to the Appellant on 06.04.2022. The Appellant re-filed the Memo of Appeal on 20.05.2022. It is stated in the Interlocutory Application (IA) that due to some personal commitment, the Advocate for the Appellant was not present in the city and since some defects were to be carried out in the original file, the same was forwarded to local counsel for appropriate action, which took some time. Hence, there is delay of 45 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. The Appellant was required to re-file the Memo of Appeal within seven days from the date of intimation of the defects. However, the Appellants re-filed the Memo of Appeal with a delay of 45 days, hence, the case may be placed before the Hon'ble Bench for appropriate orders. IA is disposed of accordingly.

5. As prayed, list the case before the Hon'ble Bench under the heading 'for admission with defect (fresh case)'.

(Peeush Pandey) Registrar

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