M/S. Mileage Hospitality Llp vs Mr. Amit Jain [Resolution Professional ...
- CitationInterlocutory Application No.3624/2022
Ratio decidendi
The rule this decision rests on
The delay of nine days in re-filing a Memo of Appeal, after the Registry returned it for curing defects, is condoned on the ground that the Appellant's residence in Surat, Gujarat, reasonably explained the time taken to re-file the affidavits, legible copies and original documents required to cure those defects; and the matter is accordingly listed for admission as a fresh case.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
Mileage Hospitality LLP .... Appellant
Versus
Amit Jain (Resolution Professional of M/s. Neesa Leisure Ltd.) .... Respondent
Appearance: Niharika Sharma, Advocate for the Appellant.
29.09.2022
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 the same day, intimated the defects to the Appellant on 05.09.2022 and returned the Memo of Appeal to the Appellant on 09.09.2022. The Appellant re-filed the Memo of Appeal on 21.09.2022. It is stated in the Interlocutory Application (IA) that as the Appellant resides in Surat, Gujarat, it took some time to re-file certain documents and affidavits that needed to be re-filed for curing the defects, which were dim and illegible and some original documents, which were also required. Hence, there is delay of 09 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
This page reproduces a public judgment and a summary of it. It is research material, not legal advice, and it is no substitute for advice from an advocate on your own facts.
Research this judgment with Miss Lucy
Ask what it holds, what has followed it, and what it means for your matter — in plain English, with the citations.
Try Miss Lucy free