Krishna Trades vs Sadbhav Engineering Limited
- CitationInterlocutory Application No.3560/2022
Ratio decidendi
The rule this decision rests on
The delay in re-filing a Memo of Appeal, returned by the Registry for curable defects, may be condoned where the delay is shown to have been caused by the counsel's documented ill-health and the resulting disruption of his office; sufficient cause for such delay is thus established on those reasons.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
Krishna Traders .... Appellant
Versus
Sadbhav Engineering Limited .... Respondent
Appearance: Debarshi Chakraborty, Advocate for the Appellant.
26.09.2022
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 29.08.2022 and the Office after scrutiny of the Memo of Appeal on 02.09.2022, intimated the defects to the Appellant on the same day and returned the Memo of Appeal to the Appellant on 09.09.2022. The Appellant re-filed the Memo of Appeal on 17.09.2022. It is stated in the Interlocutory Application (IA) that soon after filing of the Appeal the Appellant counsel, who was earlier heavily affected with Covid-19 showed post Covid-19 symptoms including frequent breathlessness, severe cold and flu, chest pain, which caused widespread disruption in the functioning of the Appellant counsel's office. 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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