Suraksha Asset Reconstruction Limited vs Shailen Shah Rp Of Wind World India ...
- CitationInterlocutory Application No.4208/2022
Ratio decidendi
The rule this decision rests on
The delay in re-filing a memo of appeal that was returned for curing defects may be condoned where the appellant shows sufficient reason for the delay, such as the unavailability of its authorised representative and the closure of its office during a festival period, which made it inaccessible for obtaining the documents needed for re-filing.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
Suraksha Asset Reconstruction Ltd. & Ors. .... Appellants
Vs.
Shailen Shah, Resolution Professional of Wind World India Limited & Anr. .... Respondents
Appearance: Namrata Mohapatra, Advocate for the Appellant.
11.11.2022
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 11.10.2022 and the Office after scrutiny of the Memo of Appeal on 21.10.2022, intimated the defects to the Appellants on the same day and returned the Memo of Appeal to the Appellants on 31.10.2022. The Appellants re-filed the Memo of Appeal on 04.11.2022. It is stated in the Interlocutory Application (IA) that on account Diwali, the Authorised Representative was out of station and the office of the Appellants remained shut till 27.10.2022, making it inaccessible for the Appellants to provide certain documents, which were required for re-filing of the appeal. 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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