Rp Modern Syntex (India) Ltd vs Superintendent Of Police Anadpura ...
- CitationInterlocutory Application No.2234/2023
Ratio decidendi
The rule this decision rests on
The delay in re-filing a memo of appeal after it has been returned for defects may be condoned where the appellant shows sufficient reasons for the delay, such as a genuine difference in interpretation of the requirement for removing the defect and the need to obtain a corrective signature from a notary, and the matter may then be listed for admission as a fresh case.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
RP Modern Syntex (India) Ltd. .... Appellant
Vs.
Supdt. of Police Anandpura Vadodra Gujarat & Ors. .... Respondents
Appearance: Radhika Goel and Pramod Kumar, Advocates for the Appellant.
23rd May, 2023
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 24.04.2023 and the Office after scrutiny of the Memo of Appeal on 27.04.2023, intimated the defects to the Appellant on the same day and returned the Memo of Appeal to the Appellant on 28.04.2023. The Appellant re-filed the Memo of Appeal on 12.05.2023. It is stated in the Interlocutory Application (IA) that Defect No.1 could not be removed as there was difference in interpretation on how Bookmarking is to be done, and also there was a typographical error, which correction required the signature of the notrary, which required travelling back to Mumbai. Hence, there is delay of 08 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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