Shubhkamna City Welfare Association ... vs M/S. Shubhkamna Buildtech Pvt. Ltd. ...
- CitationInterlocutory Application No.4606/2022
Ratio decidendi
The rule this decision rests on
The delay in re-filing a memo of appeal, after the Registry returned it for defects, may be condoned where the reasons given in the interlocutory application are sufficient, the delay being attributable to difficulties in curing the objections (including those relating to translated and deemed annexures) which were beyond the control of counsel.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
Shubhkamna City Welfare Association Through its Authorized Representative & Anr. .... Appellants
Vs.
M/s Subhkamna Buildtech Pvt. Ltd. Through Resolution Professional & Anr. .... Respondents
Appearance: Shashi Ranjan, Advocate for the Appellant.
05.12.2022
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 01.11.2022 and the Office after scrutiny of the Memo of Appeal on 11.11.2022, intimated the defects to the Appellants on the same day and returned the Memo of Appeal to the Appellants on 29.11.2022. The Appellants re-filed the Memo of Appeal on 29.11.2022. It is stated in the Interlocutory Application (IA) that it was very difficult to re-file the Appeal within 7 days due to various objections marked by the Registry including translated and deem annexures. The delay of 11 days in re-filing caused due to the aforesaid reasons, which were beyond the control of the Counsel for the Appellant, 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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