Sarthak Park Consumer Welfare Society vs M/S Shyama Bhagwati Infrastructure ...
- CitationInterlocutory Application No.3975/2022
Ratio decidendi
The rule this decision rests on
The Tribunal may condone delay in re-filing a memorandum of appeal that was returned for defects, where the reasons given in the interlocutory application (here, the counsel's medical incapacity after an accident abroad) are found sufficient to justify the delay.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
Sarthak Park Consumer Welfare Society .... Appellant
Vs.
Shyama Bhagwati Infrastructure Pvt. Ltd. .... Respondent
Appearance: Shashank Tandon, Advocate for the Appellant.
31.10.2022
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 05.09.2022 and the Office after scrutiny of the Memo of Appeal on 08.09.2022, intimated the defects to the Appellant on the same day and returned the Memo of Appeal to the Appellant on 23.09.2022. The Appellant re-filed the Memo of Appeal on 10.10.2022. It is stated in the Interlocutory Application (IA) that counsel for the Appellant got married on 04.09.2022 and had his trip scheduled for abroad from 11.09.2022 till 20.09.2022 where the counsel met with an accident in Indonesia and ended up with 7-8 stitches in both of his hand, which stitches were cut on 30.09.2022. Hence, there is delay of 25 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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