Marine Electricals India Limited vs Sunrise Industries And Ors

Marine Electricals (India) Ltd. .... Appellant

Vs.

Sunrise Industries & Ors. .... Respondents

Appearance: Komal Mundhra, Advocates for the Appellant.

23rd May, 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 31.03.2023 and the Office after scrutiny of the Memo of Appeal on 12.04.2023, intimated the defects to the Appellant on the same day and returned the Memo of Appeal to the Appellant on 20.04.2023. The Appellant re-filed the Memo of Appeal on 12.05.2023. It is stated in the Interlocutory Application (IA) that owing to the counsel for the Appellant being principally located in Bengaluru, Karnataka and the registered office of the Appellant being situated at Mumbai, Maharashtra, it has taken some time to coordinate between the offices for procurement of records. Hence, there is delay of 26 days in re-filing the Memo of Appeal, so the same may be condoned. However, as per Report of the Registry, the delay is of 23 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