Himachal Pradesh Power Corporation ... vs M/S Coastal Project Private Limited. ...
- CitationInterlocutory Application No.3134/2023
Ratio decidendi
The rule this decision rests on
The Tribunal has reasoned that a delay in re-filing a memorandum of appeal after office defects are notified may be condoned where the appellant's explanation, that a defect relating to deficit court fee was overlooked through an honest mistaken belief that it had been cured, is sufficient cause.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
Himachal Pradesh Power Corporation (HPPCL) .... Appellant
Vs.
Coastal Project Ltd. .... Respondent
Appearance: Puja Chaurasia, Advocate for the Appellant.
20th 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 30.05.2023 and the Office after scrutiny of the Memo of Appeal on 21.06.2023, intimated the defects to the Appellant on the same day. The Appellant re-filed the Memo of Appeal on 12.07.2023. It is stated in the Interlocutory Application (IA) that though the defects were cured, however, one defect regarding undertaking for deposit of deficit court fees was inadvertently remained and the counsel for the Appellant was under
the impression that the same has also been cured. However, on inspection the Counsel got to know that it is pending for some undertaking. Hence, there is delay of 23 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
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