Northbrook Jute Company Ltd vs Madhya Pradesh State Civil Supplies ...
- CitationInterlocutory Application No.342/2023
Ratio decidendi
The rule this decision rests on
The delay in re-filing a memo of appeal after the Registry has returned it for curing defects may be condoned where the Appellant's explanation, that the delay arose from courier and inter-office transmission of documents between its offices in different cities, is found sufficient on the averments in the interlocutory application and the Office report.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
Northbrook Jute Company Limited .... Appellant
Vs.
Madhya Pradesh State Civil Supplies Corporation Limited .... Respondent
Appearance: Moti Dabhi, Ramesh Kumar Mishra and Sandeep Pandey, Advocates for the Appellant.
25.01.2023
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 21.12.2022 and the Office after scrutiny of the Memo of Appeal on 29.12.2022, intimated the defects to the Appellant on the same day and returned the Memo of Appeal to the Appellant on 04.01.2023. The Appellant re-filed the Memo of Appeal on 18.01.2023. It is stated in the Interlocutory Application (IA) that delay of 13 days caused due to the delay in receiving the courier as the client is having its office in Kolkata and the present Applicant is having its office in Ahmedabad and after receiving the documents, the same were forwarded for removal of defects at Delhi to their local Clerk. Hence, the delay, 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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