Parinda Buildcon Private Limited vs Registrar Of Companies Nct Of Delhi & ...
- CitationInterlocutory Application No.2255/2022
Ratio decidendi
The rule this decision rests on
The delay in re-filing a memo of appeal, caused by the need to retype documents that the Registry had returned as dim and illegible, may be condoned where the reasons given are sufficient and the delay is attributable to curing a defect identified by the Office.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
Parinda Buildcon Pvt. Ltd. .... Appellant
Versus
The Registrar of Companies, NCT of New Delhi and Haryana & Ors. .... Respondents
Appearance: Riya Thomas, Advocate for the Appellant.
19.07.2022
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 31.05.2022 and the Office after scrutiny of the Memo of Appeal on 14.06.2022, intimated the defects to the Appellant on the same day and returned the Memo of Appeal to the Appellant on 21.06.2022. The Appellant re-filed the Memo of Appeal on 11.07.2022. It is stated in the Interlocutory Application (IA) that one of the defects was pertaining to the dim and illegible documents, which caused unintentional delay in re-filing the Appeal as the same had to be typed in legible form. Hence, there is delay of 18 days in re-filing 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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