Dr Amit Upadhyay vs Vijay Pitambar Lulla Resolution ...
- CitationInterlocutory Application No. 1636/2022
Ratio decidendi
The rule this decision rests on
The Tribunal condoned a 14-day delay in re-filing a defective memorandum of appeal, holding that where the appellant's counsel reasonably required time to obtain instructions and cure the defects communicated by the Registry, and the reasons so given are sufficient, the delay in re-filing may be condoned and the appeal listed for admission as a fresh case.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
Mr. Amit Upadhyay .... Appellant
Versus Vijay Pitambar Lulla, Resolution Professional of Ahinsa Builtech Pvt. Ltd. & Ors. .... Respondents
Appearance: Arjun Padhiyar, Advocate for the Appellant.
26.05.2022
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 28.04.2022 and the Office after scrutiny of the Memo of Appeal on 29.04.2022, intimated the defects to the Appellant on the same day and returned the Memo of Appeal to the Appellant on 02.05.2022. The Appellant re-filed the Memo of Appeal on 20.05.2022. It is stated in the Interlocutory Application (IA) that as the Appellant is placed at Mumbai and in order to cure the defects the counsel required indulgence and assistance from the Appellant to remove the defects, which took some time. Hence, there is delay of 14 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. 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
Connected matters
Decided by the same order
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