Sabari Developers Llp vs S. Gopalakrishnan & Anr

Sabari Developers LLP .... Appellant

Vs.

S. Gopalkrishnan & Anr. .... Respondents

Appearance: Atishay Jain, Advocate for the Appellant.

22nd 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 18.01.2024. The Office after scrutiny of the Memo of Appeal on 05.02.2024, intimated the defects to the Appellant on the same day. The Appellant re-filed the Memo of Appeal on 14.02.2024. It is stated in the Interlocutory Application (IA) that the inadvertent delay of 01 day is caused due to the reason that the party as well as the advocates of the Applicant/ Appellant are based out of Mumbai, Maharashtra and could not send documents in time to New Delhi to rectify the defects. Hence, there is delay of 01 day in refiling the Memo of Appeal, so the same may be condoned. However, as per the Report of the Registry, the delay is of 02 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