Miss Lucy
← All judgments

Deputy Commissioner Of Works Contract vs Mr. Anish Nanavathy Rp Of Reliance ...

National Company Law Appellate Tribunal3 July 2023

Ratio decidendi

The rule this decision rests on

The delay in re-filing a Memo of Appeal, where the defect was intimated by the Registry and the delay arises from counsel's mistaken understanding of the last date for re-filing, may be condoned on sufficient cause shown in the interlocutory application, and the matter may then be listed for admission as a fresh case.

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.2622/2023 inUn-numbered Company Appeal (AT) (Insolvency) No.___/2023(F.No.17.05.2023/NCLAT/UR/03555)In the matter of:

Deputy Commissioner, Works Contract Kerela State Goods and Services Tax, Department, Ernakulam .... Appellant

Vs.

Anish Nanavathy (RP of Reliance Infratel Ltd.) & Ors. .... Respondents

Appearance: Alim Anvar, Advocate for the Appellant.

3rd 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 10.05.2023 and the Office after scrutiny of the Memo of Appeal on 17.05.2023, intimated the defects to the Appellant on the same day. The Appellant re-filed the Memo of Appeal on 01.06.2023. It is stated in the Interlocutory Application (IA) that the junior Counsel who was assigned the task was under the impression that last day of refiling was on 23.05.2023 and the same was supposed to be filed online only. After concerning with the Registry he came to know that filing of the hard copy of the Company Appeal during the same day was mandatory as well. Hence, there is delay of 08 days in re-filing 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

This page reproduces a public judgment and a summary of it. It is research material, not legal advice, and it is no substitute for advice from an advocate on your own facts.

Research this judgment with Miss Lucy

Ask what it holds, what has followed it, and what it means for your matter — in plain English, with the citations.

Try Miss Lucy free