Ctr Manufacturing Industries Private ... vs Sergi Transformer Explosion ...
- CitationInterlocutory Application No.2755/2024
Ratio decidendi
The rule this decision rests on
The Tribunal, on an application to condone delay in re-filing a memo of appeal after the Registry's defect notice, holds that the delay may be condoned where the appellant's reasons, such as the distance of its location from the Registry causing delay in furnishing documents as required, are sufficient to explain the delay.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
CTR Manufacturing Industries Pvt. Ltd. .... Appellant
Vs.
Sergi Transformer Explosion Prevention Technologies Pvt. Ltd. through Liquidator Vikram Kumar & Ors. .... Respondents
Appearance: Malak Bhatt and Ananya Kanoria, Advocates for Appellant.
22nd April, 2024 (Hybrid 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 15.03.2024. The Office after scrutiny of the Memo of Appeal on 21.03.2024, intimated the defects to the Appellant on the same day. The Appellant re-filed the Memo of Appeal on 08.04.2024. It is stated in the Interlocutory Application (IA) that the Appellant is from Maharashtra, hence, there was significant delay in the delivery of the documents as required by the Registry and the same could not be furnished within the required period of time. Hence, there is delay of 14 days in refiling the Memo of Appeal, so the same may be condoned. However, as per the Report of the Registry, the delay is of 11 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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