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Punjab National Bank vs Mr. Animesh Mukhopadhyay

National Company Law Appellate Tribunal31 May 2022

Ratio decidendi

The rule this decision rests on

The delay in re-filing an interlocutory application, occasioned by the applicant's misplacement of a free certified copy of the impugned order and the consequent procurement of a paid certified copy, is condoned where the reasons so given are considered sufficient cause.

Written by Miss Lucy from the judgment below, not taken from a headnote.

Judgment

As delivered

THE NATIONAL COMPANY LAW APPELLATE TRIBUNALPRINCIPAL BENCH, NEW DELHIInterlocutory Application No. 1682/2022 inInterlocutory Application No.___/2022 inCompany Appeal (AT) (Insolvency) No.1082/2021In the matter of:

Punjab National Bank .... Applicant

Versus Animesh Mukhopadhyay & Anr. .... Respondents

Appearance: Nipun Sharma, Advocate for the Applicant.

31.05.2022

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 Applicant filed an Interlocutory Application (for clarification of judgment and order dated 21.04.2022 passed by this Hon'ble Tribunal) on 11.05.2022 and the Office after scrutiny of the Interlocutory Application on 13.05.2022, intimated the defects to the Applicant on the same day and returned the Interlocutory Application to the Applicant on 24.05.2022. The Applicant re-filed the Interlocutory Application on 27.05.2022. It is stated in the Interlocutory Application (IA) that free certified copy of the order dated 21.04.2022 was misplaced and the paid certified copy was applied and the same was received on 24.05.2022. Hence, there is delay of 08 days in refiling the Interlocutory Application, so the same may be condoned.

3. Heard learned Counsel appearing for the Applicant and perused the averments made in the IA as well as Office report.

4. Considering the submissions made on behalf of the Applicant and for the reasons mentioned in the IA, which are sufficient, the delay in re- filing the Interlocutory Application 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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