Sunjeet Communications Pvt Ltd vs Rashmi Metro Homes Llp
- CitationInterlocutory Application No.1223/2023
Ratio decidendi
The rule this decision rests on
The Tribunal may condone a delay in re-filing a memorandum of appeal, after the registry has returned it for curing defects, where the delay is neither deliberate nor wanton and is explained by sufficient reasons, such as the need to translate vernacular pages and reproduce illegible ones, and the appellant's location at a distance from the forum.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
Sunjeet Communications Pvt. Ltd. .... Appellant
Vs.
Rashmi Metro Homes LLP .... Respondent
Appearance: Ekta Bhasin, Advocate for the Appellant.
27th March, 2023
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 17.02.2023 and the Office after scrutiny of the Memo of Appeal on 27.02.2023, intimated the defects to the Appellant on the same day and returned the Memo of Appeal to the Appellant on 28.02.2023. The Appellant re-filed the Memo of Appeal on 18.03.2023. It is stated in the Interlocutory Application (IA) that defects in the appeal were that several pages in vernacular language, which required translation in English. Several pages were also dim/illegible and as the Appellant is located in Mumbai, Maharashtra, it took some time in curing the defects. Hence, there is delay of 12 days in re-filing the Memo of Appeal, which is neither deliberate nor wanton, 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
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