Idbi Bank Limited vs Nitin Fire Protection Industries ...
- CitationInterlocutory Application No.1293/2022
Ratio decidendi
The rule this decision rests on
The Tribunal has discretion to condone a delay in re-filing a memo of appeal after office defects are cured, where the appellant shows sufficient cause, namely that the impugned order was not made available on the tribunal's website until a date after which the appellant could not cure the defects within the prescribed time; the delay in re-filing is accordingly condoned and the appeal is listed for admission as a fresh case.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
IDBI Bank Ltd. .... Appellant
Versus Nitin Fire Protection Industries Ltd. .... Respondent
Appearance: Aishwarya Pandey, Advocate for the Appellant.
04.05.2022
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 07.04.2022 and the Office after scrutiny of the Memo of Appeal on 11.04.2022, intimated the defects to the Appellant on the same day and returned the Memo of Appeal to the Appellant on 20.04.2022. The Appellant re-filed the Memo of Appeal on 29.04.2022. It is stated in the Interlocutory Application (IA) that the copy of the Impugned order was not made available on the NCLT website until 18.04.2022, thus the Appellant was unable to remove the defects which included filing a copy of the Order within the time frame, hence, there is delay of 11 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
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