Sl Windfaire Owners Association vs Raju Palanikunnathil Kesavan & Anr
- CitationInterlocutory Application No.5402/2023
Ratio decidendi
The rule this decision rests on
The Tribunal condoned a 27-day delay in re-filing an interlocutory application, holding that the reasons advanced for the delay, namely miscommunication with the proposed applicants in obtaining the relevant documents and affidavits after the defects were notified, were sufficient to justify condonation of the delay in curing the defects.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
IFCI Ltd. .... Appellant
Vs.
Raju Palanikunnathil Kesavan & Anr. .... Respondents
Appearance: Archit, Advocate for the Applicant.
21st November, 2023 (Virtual Mode)
This is an application to extend the time granted for curing the defects.
2. The facts of the case are that the Applicant e-filed the Interlocutory Application (IA) on 10.10.2023. The Office after scrutiny of the IA on 17.10.2023, intimated the defects to the Applicant on the same day. The Applicant re-filed the IA on 20.11.2023. It is stated in the Interlocutory Application (IA) that after notifying of the defect, the Counsel for the Appellants/ Respondents had contacted the Proposed Applicants/ Respondents for the relevant documents/ affidavit, which were subsequently received with minor delay due to the festival of Dussehra and Durga Puja. However, due to a miscommunication, some wrong documents/ affidavits were sent. Hence, there is delay of 27 days in refiling the IA, so the same may be condoned.
3. Heard learned Counsel appearing for the Applicant and perused the averments made in the IA as well as Office report.
4. Considering the submissions made on behalf of the Applicant and for the reasons mentioned in the IA, which are sufficient, the delay in re- filing the IA is hereby condoned.
5. With the aforesaid order, this IA stands disposed of.
(Peeush Pandey) Registrar
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