Paresh Govindbhai Hirpara And Anr vs Prabhat Jain
- CitationInterlocutory Application No.1136/2024
Ratio decidendi
The rule this decision rests on
The Tribunal condoned a delay of 17 days in re-filing a Memo of Appeal after defects were cured, holding that the reasons pleaded in the application (inadvertence in arranging documents and the main counsel's personal difficulty in obtaining them from the client) are sufficient cause for the delay, and directed that the appeal be listed for admission as a fresh case.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
Paresh Govindbhai Hirpara & Anr. .... Appellants
Vs.
Prabhat Jain, RP of Vikas Procon Pvt. Ltd. .... Respondent
Appearance: Palash S. Singhai, Advocate for the Appellants.
19th February, 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 Appellants e-filed the Memo of Appeal on 05.01.2024. The Office after scrutiny of the Memo of Appeal on 19.01.2024, intimated the defects to the Appellants on the same day. The Appellants re-filed the Memo of Appeal on 12.02.2024. It is stated in the Interlocutory Application (IA) that the appal could not be refiled timely because of inadvertence in arranging the documents, as the same could not be attained from the client timely, since the main counsel was in some personal difficulty. Hence, there is delay of 19 days in refiling the Memo of Appeal, so the same may be condoned. However, as per the Report of the Registry, the delay is of 17 days.
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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