Miss Lucy
← All judgments

Minions Ventures Pvt Ltd vs Tdt Copper Limited

National Company Law Appellate Tribunal19 May 2022

Ratio decidendi

The rule this decision rests on

The Tribunal condones a delay in re-filing a defective appeal where the delay was caused by the time needed to cure numerous office defects and was neither intentional nor deliberate, and it treats such reasons as sufficient to extend the time for curing defects.

Written by Miss Lucy from the judgment below, not taken from a headnote.

Judgment

As delivered

THE NATIONAL COMPANY LAW APPELLATE TRIBUNALPRINCIPAL BENCH, NEW DELHIInterlocutory Application No. 1497/2022Un-numbered Company Appeal (AT) (Insolvency) No.___/2022(F.No.22.04.2022/NCLAT/UR/01924In the matter of:

Minions Ventures Pvt. Ltd. .... Appellant

Versus TDT Cooper Ltd. .... Respondent

Appearance: Dr. Farrukh Khan, Advocate for the Appellant.

19.05.2022

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 18.04.2022 and the Office after scrutiny of the Memo of Appeal on 22.04.2022, intimated the defects to the Appellant on the same day and returned the Memo of Appeal to the Appellant on 26.04.2022. The Appellant re-filed the Memo of Appeal on 13.05.2022. It is stated in the Interlocutory Application (IA) that it took a great amount of time in rectifying the defects as the defects were large in number. Hence, the Appellant could not refile the Appeal within the stipulated time. The delay of 14 days in refiling the Memo of Appeal was neither intentional nor deliberate, 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