M/S Sone Obra Enterprises Pvt Ltd vs J Umashanker & Co. Pvt. Ltd
- CitationInterlocutory Application No.915/2023
Ratio decidendi
The rule this decision rests on
The delay in re-filing a memo of appeal that was returned by the Registry for defects may be condoned where the appellant shows sufficient cause for the delay, namely personal exigency of the appellant's representative and the remote location of the appellant company, and the court is satisfied that those reasons are sufficient.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
Sone Obra Enterprises Pvt. Ltd. .... Appellant
Vs.
J. Umashankar & Company Pvt. Ltd. .... Respondent
Appearance: Shivam Kumar, Advocate for the Appellant.
3rd March, 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 24.01.2023 and the Office after scrutiny of the Memo of Appeal on 02.02.2023, intimated the defects to the Appellant on the same day and returned the Memo of Appeal to the Appellant on 03.02.2023. The Appellant re-filed the Memo of Appeal on 24.02.2023. It is stated in the Interlocutory Application (IA) that as the Appellant had to travel due to some personal exigency and further the Authorized representative of the Appellant is an old age person and the Appellant Company is situated in far away region, the Appellant was not able to file the present Appeal within the prescribed limitation period. Hence, there is delay of 16 days in re- filing the Memo of Appeal, so the same may be condoned. However, as per Registry there is delay of 15 days.
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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