Samrat Gems Impex Private Limited vs Banswara Syntex Limited
- CitationInterlocutory Application No.1448/2024
Ratio decidendi
The rule this decision rests on
The delay in re-filing a memo of appeal after the Registry has notified defects may be condoned where the appellant shows sufficient cause for the delay, here that the original copy of the file was wrongly tagged with another file and became untraceable, and the Tribunal is satisfied with those reasons on the material before it.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
Samrat Gems Impex Pvt. Ltd. .... Appellant
Vs.
Banswara Syntex Ltd. .... Respondent
Appearance: Debashis Mukherjee, Advocate for the Appellant.
27th 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 11.01.2024. The Office after scrutiny of the Memo of Appeal on 31.01.2024, intimated the defects to the Appellant on the same day. The Appellant re-filed the Memo of Appeal on 20.02.2024. It is stated in the Interlocutory Application (IA) that refiling of the appeal after the removal of the defects could not be done within the limitation period as the original copy of the present file was wrongly tagged with another file and as a result was untraceable. Then after refiling, Registry raised further defects. Hence, there is delay of 11 days in refiling the Memo of Appeal, so the same may be condoned. However, as per the Report of the Registry, the delay is of 13 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
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