Maya Gupta vs Ritesh Agarwal & Ors
- CitationInterlocutory Application No. 1579/2022
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 reason for the delay, namely that the appeal was not listed, the counsel's inquiry revealed that it was in defects, and steps to cure the defects then took time.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
Maya Gupta Liquidator of PD Advisory Services LLP .... Appellant
Versus Ritesh Agarwal & Ors. .... Respondents
Appearance: Kunal Godhwani, Advocate for the Appellant.
24.05.2022
This hearing has been held through video conferencing.
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 28.04.2022 and the Office after scrutiny of the Memo of Appeal on 04.05.2022, intimated the defects to the Appellant on the same day and returned the Memo of Appeal to the Appellant on 17.05.2022. The Appellant re-filed the Memo of Appeal on 19.05.2022. It is stated in the Interlocutory Application (IA) that when the matter was not listed till 12.05.2022, the counsel for the Appellant through his court worker inquired about the matter and it was informed that the Appeal is in defects. After that the counsel for the Appellant took steps for clearing the defects, which took some time. Hence, there is delay of 08 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
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