Dcb Bank vs Simplex Project Limited Through Its ...
- CitationInterlocutory Application No.2199/2024
Ratio decidendi
The rule this decision rests on
The Tribunal may condone a delay in re-filing a Memo of Appeal after office-notified defects where the appellant shows sufficient cause, here the intervening holidays and the time needed to procure documents and the authorised representative's signature; the delay is condoned and the appeal listed for admission.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
DCB Bank .... Appellant
Vs.
Simplex Projects Ltd. through its RP, Mr. Sutanu Sinha .... Respondent
Appearance: Ritu Chaudhary, Advocate for Appellant.
1st 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 26.02.2024. The Office after scrutiny of the Memo of Appeal on 01.03.2024, intimated the defects to the Appellant on the same day. The Appellant re-filed the Memo of Appeal on 20.03.2024. It is stated in the Interlocutory Application (IA) that defects were notified on 01.03.2024, the said week had 3 days of intermittent public holiday due to which, the counsel for the Appellant could not procure certain documents and take signatures of the Authorised Representative of the Appellant. Hence, there is delay of 13 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 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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