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M/S Lemongrass Organic Tea Estates ... vs Uco Bank And Ors

National Company Law Appellate Tribunal13 December 2022

Ratio decidendi

The rule this decision rests on

The delay in re-filing a Memo of Appeal, after its return by the Registry for curing defects, may be condoned where the appellant shows sufficient cause in the interlocutory application, here the appellant's absence from town for medical reasons and the time taken to assemble documents and coordinate between a client in one city and counsel in another.

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.4746/2022Un-numbered Company Appeal (AT) (Insolvency) No.___/2022F.No.18.11.2022/NCLAT/UR/07361In the matter of:

Lemongrass Organic Tea Estate Ltd. & Anr. .... Appellants

Vs.

UCO Bank & Ors. .... Respondents

Appearance: Akash Sharma, Advocate for the Appellants.

13.12.2022

This is an application to extend the time granted for curing the defects.

2. The facts of the case are that the Appellants filed the Memo of Appeal on 10.11.2022 and the Office after scrutiny of the Memo of Appeal on 18.11.2022, intimated the defects to the Appellants on the same day and returned the Memo of Appeal to the Appellants on 19.11.2022. The Appellants re-filed the Memo of Appeal on 08.12.2022. It is stated in the Interlocutory Application (IA) that the appellant is based in Kolkata and due to some medical issues, he was out of town and it was difficult and time consuming to assemble all the documents and as the Appellant is from Kolkata and counsel is from Delhi, therefore, coordinating and exchanging papers consumed time. Hence, there is delay of 13 days in re- filing the Memo of Appeal, so the same may be condoned.

3. Heard learned Counsel appearing for the Appellants and perused the averments made in the IA as well as Office report.

4. Considering the submissions made on behalf of the Appellants 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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