Pritam Prajapati vs Akash Shinghal Resolution Profesional ...
- CitationInterlocutory Application No.2902/2023
Ratio decidendi
The rule this decision rests on
The delay in re-filing a memo of appeal beyond the period fixed for curing defects may be condoned where the reasons given in the interlocutory application, including the time needed to obtain a supporting affidavit from a party residing outside the place of filing and intervening vacations, are found sufficient.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
Pritam Prajapati .... Appellant
Vs.
Akash Singhal, Resolution Professional for Earth Infrastructure Ltd. .... Respondent
Appearance: Nikhil Jha, Advocate for the Appellant.
13th July, 2023
This is an application to extend the time granted for curing the defects.
2. The facts of the case are that the Appellant e-filed the Memo of Appeal on 11.06.2023 and the Office after scrutiny of the Memo of Appeal on 22.06.2023, intimated the defects to the Appellant on the same day. The Appellant re-filed the Memo of Appeal on 04.07.2023. It is stated in the Interlocutory Application (IA) that an affidavit supporting the present application was required to be called from the Appellant, who resides at Saharanpur, Uttar Pradesh and then due to intervening vacations the said affidavit could not be received in time. Hence, there is delay of 06 days in re-filing the Memo of Appeal, so the same may be condoned. However, as per Report of the Registry, the delay is of 05 days.
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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