Modi Infosol Pvt. Ltd vs Anp Atelier & Associates Co Pvt. Ltd
- CitationInterlocutory Application No.1301/2024
Ratio decidendi
The rule this decision rests on
The Tribunal condoned a delay of six days in re-filing a Memo of Appeal, holding that the delay was excusable because the defects raised by the Registry were not cured in time owing to the ill health of the appellant company's director, a 66-year-old person, and that such reasons were sufficient to condone the delay in re-filing.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
Modi Infosol Pvt. Ltd. Through its Director Mr. Shyam Sunder Modi .... Appellant
Vs.
ANP Atelier & Associates Co. Pvt. Ltd. .... Respondent
Appearance: Suruchi Mittal with Rohit Shukla, Advocates for the Appellant.
5th March, 2024 (Hybrid Mode)
This is an application to extend the time granted for curing the defects.
2. The facts of the case are that the Appellant e-filed the Memo of Appeal on 09.01.2024. The Office after scrutiny of the Memo of Appeal on 24.01.2024, intimated the defects to the Appellant on the same day. The Appellant re-filed the Memo of Appeal on 06.02.2024. It is stated in the Interlocutory Application (IA) that many objections were raised by the Registry and through the same were cured, but Registry raised some fresh objections, which required clarification from the Appellant, but due to ill health of the Director of the Appellant Company, who is aged 66 years, defects could not be cured on time. Hence, there is delay of 06 day 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
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