Sahyog Infrastructure Pvt. Ltd vs Anju Agarwal Resolution Professional ...
- CitationInterlocutory Application No.4222/2022
Ratio decidendi
The rule this decision rests on
The delay in re-filing a Memo of Appeal, after the Registry returned it for curing defects, may be condoned where the appellant shows sufficient cause, here the closure of the Tribunal for Diwali vacation and counsel's absence from town during that period.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
Sahyog Infrastructure Pvt. Ltd. .... Appellant
Vs.
Anju Agarwal, Resolution Professional IP Constructions Pvt. Ltd. .... Respondent
Appearance: Gulafsha Kureshi and Mayur Punjabi, Advocates for the Appellant.
14.11.2022
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 14.10.2022 and the Office after scrutiny of the Memo of Appeal on 21.10.2022, intimated the defects to the Appellant on the same day and returned the Memo of Appeal to the Appellant on 05.11.2022. The Appellant re-filed the Memo of Appeal on 05.11.2022. It is stated in the Interlocutory Application (IA) that the Hon'ble Tribunal was closed for Diwali vacations and Counsel for the Appellant was also out of town due to Diwali vacations, hence, could not collect the files and rectify the defect within stipulated time. 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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