Sadashiv Nomaya Nayak & Ors vs Gammon Engineers And Contractors ...
- CitationInterlocutory Application No.761/2023
Ratio decidendi
The rule this decision rests on
The delay in re-filing a Memo of Appeal after the Registry has returned it for defects, where the delay arises from the appellant's difficulty in contacting local counsel and in obtaining the appellant's signature on the required application and affidavit, may be condoned where the reasons stated in the interlocutory application are found sufficient.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
Sadashiv Nomaya Nayak & Ors. .... Appellants
Vs.
Gammon Engineers and Contractors Pvt. Ltd. .... Respondent
Appearance: None for the Appellants.
22nd February, 2023
This is an application to extend the time granted for curing the defects.
2. The facts of the case are that the Appellants filed the Memo of Appeal on 20.01.2023 and the Office after scrutiny of the Memo of Appeal on 31.01.2023, intimated the defects to the Appellants on the same day and returned the Memo of Appeal to the Appellants on 03.02.2023. The Appellants re-filed the Memo of Appeal on 17.02.2023. It is stated in the Interlocutory Application (IA) that after receiving the defect the Advocate of the Appellants tried to contact the local counsel of the Appellants at Mumbai, but the said counsel could not be contacted. On failure to contact the local counsel at Mumbai, the advocate has to approach the Appellants, who has to visit Delhi to sign the required application and affidavit to re-file in the matter. Hence, there is delay of 10 days in re- filing the Memo of Appeal, so the same may be condoned.
3. None appeared on behalf of the Appellant. Perused the averments made in the IA as well as Office report.
4. Considering the reasons mentioned in the IA, which are sufficient, the delay in re-filing the Memo of Appeal is hereby condoned.
5. 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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