Miss Lucy
← All judgments

Shubhra Gupta vs Value Infracon India Private Limited & ...

National Company Law Appellate Tribunal8 July 2022

Ratio decidendi

The rule this decision rests on

The delay in re-filing a memorandum of appeal, returned by the Registry for defects, may be condoned where the appellant shows sufficient cause, namely a technical glitch in tracking the defect on the portal and the counsel's office relocation causing the original file to be misplaced.

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. 2037/2022Un-numbered Company Appeal (AT) (Insolvency) No.___/2022(F.No.02.05.2022/NCLAT/UR/02151In the matter of:

Shubhra Gupta .... Appellant

Versus Value Infracon India Pvt. Ltd. & Anr. .... Respondents

Appearance: Manish Raghav, Advocate for the Appellant.

08.07.2022

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 28.04.2022 and the Office after scrutiny of the Memo of Appeal on 02.05.2022 intimated the defects to the Appellant on the same day and returned the Memo of Appeal to the Appellant on 27.05.2022. The Appellant re-filed the Memo of Appeal on 30.05.2022. It is stated in the Interlocutory Application (IA) that due to some technical problem/ glitch, appellant could not keep track of the defect on the portal in regard to present appeal and also to the fact that counsel of the Appellant shifted his office and original file was mixed up with other files. Hence, there is delay of 17 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

This page reproduces a public judgment and a summary of it. It is research material, not legal advice, and it is no substitute for advice from an advocate on your own facts.

Research this judgment with Miss Lucy

Ask what it holds, what has followed it, and what it means for your matter — in plain English, with the citations.

Try Miss Lucy free