Lipika Dhawa vs Joy Mahaprovu Cold Storage Pvt Ltd & Ors
- CitationInterlocutory Application No.85/2023
Ratio decidendi
The rule this decision rests on
The Tribunal condones a delay in re-filing a memo of appeal where the defect notice was sent to the appellant rather than to counsel and the reasons stated in the application are considered sufficient, so the delay is excused on that basis and the appeal is listed for admission.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
Lipika Dhawa .... Appellant
Vs.
Joy Mahaprovu Cold Storage Pvt. Ltd. & Ors. .... Respondents
Appearance: Kunal Godhwani, Advocate for the Appellant.
10.01.2023
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 02.12.2022. The Appellant re-filed the Memo of Appeal on 03.12.2022. It is stated in the Interlocutory Application (IA) that when the matter was not listed till 05.12.2022, the counsel for the Appellant got inquired about the matter and it was informed that the Appeal is in defects and on checking it was found that the email for defect was sent to the Appellant and not to the counsel. Hence, there is delay of 36 days in re-filing the Memo of Appeal, so the same may be condoned.
3. It is noted that as per note of the Registry, the delay is of 28 days.
4. Heard learned Counsel appearing for the Appellant and perused the averments made in the IA as well as Office report.
5. Considering the submissions made on behalf of the Appellant and for the reasons mentioned in the IA, which are sufficient, the delay of 28 days in re-filing the Memo of Appeal is hereby condoned.
6. As prayed, list the case before the Hon'ble Bench under the heading 'for admission (fresh case)'.
7. With the aforesaid order, this IA stands disposed of.
(Peeush Pandey) Registrar
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