Privy Value Realty Private Limited vs Narender Kumar Sharma (Resolution ...
- CitationInterlocutory Application No.1049/2024
Ratio decidendi
The rule this decision rests on
The Tribunal condoned a delay in re-filing a defective appeal where the appellant showed it lacked documents needed to cure the defects and refiled promptly once it had gathered them, and held that such a showing of sufficient reasons justifies condoning the delay in refiling and listing the appeal for admission as a fresh case.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
Privy Value Reality Pvt. Ltd. .... Appellant
Vs.
Narendra Kr. Sharma, RP, Indirapuram Pvt. Ltd. .... Respondent
Appearance: Lokesh Pathak, Advocate for the Appellant.
14th 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 Appellant e-filed the Memo of Appeal on 25.12.2023. The Office after scrutiny of the Memo of Appeal on 09.01.2024, intimated the defects to the Appellant on the same day. The Appellant re-filed the Memo of Appeal on 05.02.2024. It is stated in the Interlocutory Application (IA) that the applicant was not in the possession of certain documents which was required to be filed in order to clear the defects of the appeal. As soon as the Appellant gathered all information after perusing the records, the Applicant refiled the appeal. Hence, there is delay of 27 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 20 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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