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Mr. Sarang Rakesh Wadhawan vs Punjab And Maharashtra Cooperative ...

National Company Law Appellate Tribunal12 July 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's judicial custody and the consequent difficulty in communicating with counsel are shown in the application to be sufficient reason for the delay.

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.2113 /2022Un-numbered Company Appeal (AT) (Insolvency) No.___/2022F.No.24.05.2022/NCLAT/UR/02082In the matter of:

Sarang Kumar Wadhawan .... Appellant

Versus

Punjab and Maharashtra Co-operative Bank Ltd. & Anr. .... Respondents

Appearance: Disha Shah, Subir Kumar and Kishan Kumar, Advocates for the Appellant.

12.07.2022

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 17.05.2022 and the Office after scrutiny of the Memo of Appeal on 24.05.2022, intimated the defects to the Appellant on the same day and returned the Memo of Appeal to the Appellant on 25.05.2022. The Appellant re-filed the Memo of Appeal on 02.06.2022. It is stated in the Interlocutory Application (IA) that as the Appellant herein is under the judicial custody and communication of the Appellant with the Attorney was very tedious and hampered. Hence, there is delay of two 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

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