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Satish Coomar Bagrodia Huf & Ors vs Kailashpati Vinimay Private Limited & ...

National Company Law Appellate Tribunal13 December 2022

Ratio decidendi

The rule this decision rests on

The delay in re-filing a memorandum of appeal, after it was returned for curing defects, may be condoned where the appellant shows sufficient cause for the delay, and the Tribunal may list the appeal for admission as a fresh case on that basis.

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.4744/2022Un-numbered Company Appeal (AT) No.___/2022F.No.24.11.2022/NCLAT/UR/07522In the matter of:

Satish Coomar Bagrodia HUF & Ors. .... Appellants

Vs.

Kailashpati Vinimay Pvt. Ltd. & Ors. .... Respondents

Appearance: Harsh Gurbani, Advocate for the Appellants.

13.12.2022

This is an application to extend the time granted for curing the defects.

2. The facts of the case are that the Appellants filed the Memo of Appeal on 16.11.2022 and the Office after scrutiny of the Memo of Appeal on 24.11.2022, intimated the defects to the Appellants on the same day and returned the Memo of Appeal to the Appellants on 28.11.2022. The Appellants re-filed the Memo of Appeal on 08.12.2022. It is stated in the Interlocutory Application (IA) that when the Appeal was physically filed it was informed that application seeking condonation of delay have to be amended; there were certain defects on the appeal which had not been fully cured and several unclear pages were to be typed and attached with the Appeal, which took some time. Hence, there is delay of 07 days in re- filing the Memo of Appeal, so the same may be condoned.

3. Heard learned Counsel appearing for the Appellants and perused the averments made in the IA as well as Office report.

4. Considering the submissions made on behalf of the Appellants 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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