Indian Overseas Bank vs Anuj Bajpai The Resolution ...
- CitationInterlocutory Application No.4015/2022
Ratio decidendi
The rule this decision rests on
The delay in re-filing a Memo of Appeal after the Registry returned it for curing defects may be condoned where the appellant shows sufficient reasons for the delay, such as the time taken to obtain client instructions and signatures from a party based in another city.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
Indian Overseas Bank .... Appellant
Vs.
Anuj Bajpai, The Resolution Professional of "Gajanan Oil Pvt. Ltd." .... Respondent
Appearance: Siddham Nahata, Advocate for the Appellant.
01.11.2022
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 26.09.2022 and the Office after scrutiny of the Memo of Appeal on 30.09.2022, intimated the defects to the Appellant on the same day and returned the Memo of Appeal to the Appellant on 10.10.2022. The Appellant re-filed the Memo of Appeal on 13.10.2022. It is stated in the Interlocutory Application (IA) that though urgent steps were taken to remove the defects, however, since the client and Solicitors are based in Mumbai, some time was consumed in taking necessary instructions and arranging the necessary papers and signatures to re-file the appeal. Hence, there is delay of 06 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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