Oriental Bank Of Commerce (Now Punjab ... vs Anil Anchalia & Anr
- CitationInterlocutory Application No. 1377/2022
Ratio decidendi
The rule this decision rests on
The Tribunal may condone a delay in re-filing a memo of appeal, after its return for curing defects, where the appellant gives sufficient reasons for the delay in curing the defects, and on that basis the delay is condoned and the appeal listed afresh for admission.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
Oriental Bank of Commerce (Now Punjab National Bank) .... Appellant
Versus Anil Anchalia (Liquidator) & Anr .... Respondents
Appearance: Rajesh Kumar Gautam, Advocate for the Appellant.
12.05.2022
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 21.04.2022, intimated the defects to the Appellant on the same day and returned the Memo of Appeal to the Appellant on 21.04.2022. The Appellant re-filed the Memo of Appeal on 04.05.2022. It is stated in the Interlocutory Application (IA) that there are some defects related to the Affidavits of the client and as the Clients are based out of Kolkata, it took some time for the client to provide for submitting the same hence, there is delay of 06 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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