Govind Singh Bisht vs L&T Finance Limited & Anr
- CitationInterlocutory Application No.3790/2022
Ratio decidendi
The rule this decision rests on
The delay in re-filing a Memo of Appeal, occasioned by the time needed to cure office-noted defects and by the ill health of counsel's family, which is shown to be neither wilful nor wanton, may be condoned on the ground that such reasons are sufficient cause for the delay.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
Govind Singh Bisht .... Appellant
Versus
L&T Finance Limited & Anr. .... Respondents
Appearance: Shantanu Singh and Ravi Sehgal, Advocates for the Appellant.
14.10.2022
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 16.08.2022 and the Office after scrutiny of the Memo of Appeal on 23.08.2022, intimated the defects to the Appellant on the same day and returned the Memo of Appeal to the Appellant on 30.08.2022. The Appellant re-filed the Memo of Appeal on 26.08.2022. It is stated in the Interlocutory Application (IA) that certain pages had to be typed which took some time and there were several other defects as well. Furthermore, due to personal difficulty on account of ill health in the Appellant's counsel's family there was some delay in removing the defects. The delay of 27 days in re-filing the Memo of Appeal was neither wilful nor wanton, 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
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