Himanshu Meena Promoter/Suspended ... vs Rajneesh Sharma Resolution ...
- CitationInterlocutory Application No.4852/2022
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
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
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