Minions Ventures Pvt Ltd vs Tdt Copper Limited
- CitationInterlocutory Application No. 1497/2022
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
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
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