Matashree Mercantile Private Limited vs Sesa International Limited
- CitationInterlocutory Application No.1367/2023
Ratio decidendi
The rule this decision rests on
The Tribunal may condone a delay in re-filing a memorandum of appeal returned for defects where the appellant shows sufficient reason, such as intimation of the defects having been sent to a wrong e-mail address unknown to the appellant and counsel's incapacity during the relevant period, and on that basis the delay is condoned and the appeal is listed afresh for admission.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
Matashree Mercantile Pvt. Ltd. .... Appellant
Vs.
Sesa International Ltd. .... Respondent
Appearance: Abhinav Aggarwal, Advocate for the Appellant.
5th April, 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 21.02.2023 and the Office after scrutiny of the Memo of Appeal on 02.03.2023, intimated the defects to the Appellant on the same day and returned the Memo of Appeal to the Appellant on 14.03.2023. The Appellant re-filed the Memo of Appeal on 29.03.2023. It is stated in the Interlocutory Application (IA) that intimation of the defects was communicated to the wrong email-id and counsel or the Appellant was never intimated about the defects. Further, during the period 02.03.2023 to 14.03.2023, the Counsel was suffering from a leg injury and as such could not visit the office. Hence, there is delay of 20 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
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