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Sanjiv Bali vs Prathibha Khadelwal Resolution ...

National Company Law Appellate Tribunal20 December 2021

Ratio decidendi

The rule this decision rests on

The Tribunal has discretion to condone a delay in re-filing a memo of appeal after the registry returned it for curing defects, where the appellant's stated reasons (here, counsel being based elsewhere and the time taken to prepare and dispatch the papers) are found sufficient to explain the delay of two days.

Written by Miss Lucy from the judgment below, not taken from a headnote.

Judgment

As delivered

THE NATIONAL COMPANY LAW APPELLATE TRIBUNALPRINCIPAL BENCH, NEW DELHIInterlocutory Application No.2860/2021Un-numbered Company Appeal (AT) (Insolvency) No.___/2021(F.No.30.11.2021/NCLAT/UR/05821In the matter of:

Sanjiv Bali .... Appellant

Versus

Mrs. Pratibha Khandelwal, Resolution Professional, Mount Shivalik Industries Limited & Anr. .... Respondents

Appearance: Mr. Rishabh Khandelwal, Advocate for the Appellant.

20.12.2021

This hearing has been held through video conferencing.

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 30.11.2021 and the Office after scrutiny of the Memo of Appeal, intimated the defects to the Appellant on the same day and returned the Memo of Appeal to the Appellant on 02.12.2021. The Appellant re-filed the Memo of Appeal on 16.12.2021. It is stated in the Interlocutory Application (IA) that since Counsel for the Appellant is based out of Jaipur, Rajasthan, it took some time to get the appeal ready and dispatched from Jaipur, Rajasthan. Hence, there is delay of 02 days in refiling 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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