Satichidananda Joshi Member Of The ... vs Sandip Kumar Kejriwal & Anr
- CitationInterlocutory Application No.310 of 2024
Ratio decidendi
The rule this decision rests on
The Tribunal condoned a 13-day delay in re-filing a memorandum of appeal, holding that the delay is excusable where it arises from the registry's notification of multiple defects and the closure of the counsel's office during court holidays, which together made it impossible to cure the defects within the prescribed seven days.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
Satichidananda Joshi, Member of the Suspended Board of Director of Royal Infrasoft Pvt. Ltd. .... Appellant
Vs.
Sandip Kumar Kejriwal & Anr. .... Respondent
Appearance: Nikhil Kumar Jha, Advocate for the Appellant.
16th January, 2024 (Virtual 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 12.12.2023. The Office after scrutiny of the Memo of Appeal on 21.12.2023, intimated the defects to the Appellant on the same day. The Appellant re-filed the Memo of Appeal on 10.01.2024. It is stated in the Interlocutory Application (IA) that Registry had notified 19 defects and the office of the counsel for the Appellant was shut during the period 23.12.2023 to 01.01.2024 due to court holidays. Accordingly, the defects could not be cured within the period of 07 days. Hence, there is delay of 14 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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