Ca Rakesh Puri vs National Financial Reporting ...
- CitationInterlocutory Application No.3120/2023
Ratio decidendi
The rule this decision rests on
The Tribunal has the power to condon a delay in re-filing a memo of appeal that was returned for defects, where the appellant shows sufficient reasons for the delay, and it may do so on the strength of the application and the Registry's report without further enquiry.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
CA Rakesh Puri .... Appellant
Vs.
National Financial Reporting Authority .... Respondent
Appearance: Dr. S.S. Sharma, Gulafsha, Mrigank Kumar, Advocates for the Appellant.
19th July, 2023
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 13.06.2023 and the Office after scrutiny of the Memo of Appeal on 22.06.2023, intimated the defects to the Appellant on the same day. The Appellant re-filed the Memo of Appeal on 11.07.2023. It is stated in the Interlocutory Application (IA) that though appeal was refiled online on 24.06.2023, but when the Appellant inquired about the Appeal on returning from summer vacations i.e. on 04.07.2023, it was informed that the re-filing of the Appeal was not completed. It was found that all the documents were uploaded but the same were not submitted due to some technical issue. Hence, there is delay of 20 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 12 days.
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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