M/S Prabhat Marketing Co. Ltd vs M/S Tirrihannah Co. Ltd
- CitationInterlocutory Application No.4863/2022
Ratio decidendi
The rule this decision rests on
The delay in re-filing a defective memo of appeal may be condoned where the appellant shows sufficient reasons for the delay, such as the difficulty of procuring legible copies of documents and the time needed for preparing an interlocutory application for their acceptance in dim form, and the appellant is then listed for admission as a fresh case.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
M/s Prabhat Marketing Co. Ltd. .... Appellant
Vs.
M/s Tirrihannah Co. Ltd. .... Respondent
Appearance: Kartik Dey, Advocate for the Appellant.
20.12.2022
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 09.11.2022 and the Office after scrutiny of the Memo of Appeal on 18.11.2022, intimated the defects to the Appellant on the same day and returned the Memo of Appeal to the Appellant on 06.12.2022. The Appellant re-filed the Memo of Appeal on 16.12.2022. It is stated in the Interlocutory Application (IA) that the Counsel for the Appellant was trying her utmost best to procure clear copies of the said pages and when it became clear that even the original copies are dim, the Appellant had no other choice but to prepare an interlocutory application seeking permission to file dim and illegible copies and as the Appellant is based in Kolkata, it took time. Hence, there is delay of 21 days' in refiling 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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