Netherlands India Communications ... vs M/S. Esquire Electronics Inc. & Anr
- CitationInterlocutory Application No.2477/2022
Ratio decidendi
The rule this decision rests on
The delay of eight days in re-filing a defective Memo of Appeal, where the cause was explained by the closure of counsel's office and the time taken to cure the registry's objections and re-serve the respondents, is condoned because the reasons given are sufficient and the delay is unintentional.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
In the matter of: Netherlands India Communications Enterprises Ltd. & Ors. .... Appellants Versus Esquire Electronics Inc. & Anr. .... Respondents
Appearance: Rishabh Nangia, Advocate for the Appellants.
29.07.2022
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 Appellants filed the Memo of Appeal on 02.06.2022 and the Office after scrutiny of the Memo of Appeal on 17.06.2022, intimated the defects to the Appellants on the same day and returned the Memo of Appeal to the Appellants on 23.06.2022. The Appellants re-filed the Memo of Appeal on 14.07.2022. It is stated in the Interlocutory Application (IA) that Office of the Counsel for the Applicants/ Appellants remained shut for brief period in the month of June. After that it was found that Registry sent the intimation regarding objection to Appellant No.2 and after receiving the same the process of removing the objections, fresh execution and service to the Respondents took some time. Hence, there is delay of 08 days in re-filing the Memo of Appeal, which was unintentional, so the same may be condoned.
3. Heard learned Counsel appearing for the Appellants and perused the averments made in the IA as well as Office report.
4. Considering the submissions made on behalf of the Appellants 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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