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Loancore Servicing Solutions Pvt. Ltd vs Religare Enterprises Limited And Ors

National Company Law Appellate Tribunal3 February 2023

Ratio decidendi

The rule this decision rests on

The Tribunal condones a delay in re-filing a memo of appeal where the delay arose from the counsel's illness and the need to obtain the authorised signatory's signature on affidavits required to cure defects; on that basis the delay is excused 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

THE NATIONAL COMPANY LAW APPELLATE TRIBUNALPRINCIPAL BENCH, NEW DELHIInterlocutory Application No.469/2023Un-numbered Company Appeal (AT) No.___/2023F.No.20.12.2022/NCLAT/UR/08135In the matter of:

Loancore Servicing Solutions Pvt. Ltd. .... Appellant

Vs.

Religare Enterprises Ltd. & Ors. .... Respondents

Appearance: K.V. Balakrishnan, Advocate for the Appellant.

03.02.2023

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 13.12.2022 and the Office after scrutiny of the Memo of Appeal on 20.12.2022, intimated the defects to the Appellant on the same day and returned the Memo of Appeal to the Appellant on 02.01.2023. The Appellant re-filed the Memo of Appeal on 24.01.2023. It is stated in the Interlocutory Application (IA) that counsel for the Appellant as unwell and was suffering from fever, cough and cold. At the time of re-filing, some more defects were intimated, which required signature of the Appellant on the affidavits and some delay occurred in getting Signature of the Authorised Signatory of the Company as he was unwell. Hence, there is delay of 29 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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