Miss Lucy
← All judgments

Himanshu Meena Promoter/Suspended ... vs Rajneesh Sharma Resolution ...

National Company Law Appellate Tribunal20 December 2022

Ratio decidendi

The rule this decision rests on

The delay in re-filing a memo of appeal, after defects were cured and the memo returned by the Registry, may be condoned where the Appellant shows sufficient cause in the interlocutory application, namely the volume of documents requiring sorting and the need to obtain confirmation from authorised representatives located outside Delhi.

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.4852/2022Un-numbered Company Appeal (AT) (Insolvency) No.___/2022F.No.29.11.2022/NCLAT/UR/07647In the matter of:

Himanshu Meena .... Appellant

Vs.

Rajneesh Sharma, Resolution Professional Dropbase Software Pvt. Ltd. & Anr. .... Respondents

Appearance: Rajat Sinha, Advocate for the Appellant.

20.12.2022

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 22.11.2022 and the Office after scrutiny of the Memo of Appeal on 29.11.2022, intimated the defects to the Appellant on the same day and returned the Memo of Appeal to the Appellant on 30.11.2022. The Appellant re-filed the Memo of Appeal on 14.12.2022. It is stated in the Interlocutory Application (IA) that there were multiple documents pertains to the present appeal and Appellant took some time in sorting the annexures and documents. Furthermore, the authorised representative of the client are from outside Delhi, and obtaining confirmation from the client took time. 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